ABDUL AZEEZ KHAN AND ORS. Vs. APPACHI GOUNDAR

JUDGEMENT

(1.) THIS is an application to revise the Order of the District Judge of Coimbatore passed under Section 12 -B of the Madras Buildings (Lease and Rent Control) Act (XXV of 1949.)

(2.) THE petitioners claimed to be the owners of the house in question and sought the eviction of the respondent from those premises on the grounds, that the respondent defaulted payment of rent and that the respondent denied the title of "the Petitioners as owners. The Rent Controller came to the conclusion that the requirements of Section 7(2)(ii) as well as Section 7(2)(vi) of the Act were satisfied. With reference to Section 7(2)(vi) he held that the denial of title by the respondent was not bona fide. Eviction was ordered. The respondent thereupon appealed to the Subordinate Judge of Coimbatore.

(3.) AGAINST that order of the learned Subordinate Judge the respondent preferred an application to the District Judge under Section 12 -B of the Act. The learned District Judge reversed the order of the learned Subordinate Judge and directed that the appeal be disposed of on its merits, and he further directed that the question of stay also should be disposed of without any direction to the respondent to deposit the arrears of rent.