K VENKATESH Vs. A SUBRAHMANYAM

JUDGEMENT

(1.) Notice was served on the respondents. None appeared for the respondents. Hence the respondents are set ex parte.

(2.) Aggrieved by the order, dated 13-9-2000, of the learned Principal Senior Civil Judge-cum-Rent Control Appellate Authority, Chittoor in I.A.No. 158 of 2000 in R.C.A.No. 12 of 2000 granting stay of the operation of the eviction order passed by the learned Rent Controller in R.C.C.No. 2 of 1997 on deposit of Rs. 2,250.00 towards the arrears of rent for the period from April to August, 2000 and costs of R.C.C.No. 2 of 1997, the landlord filed this civil revision petition.

(3.) The main contention is that though under Section 11(1) of the Andhra Pradesh (Lease, Rent & Eviction) Control Act, no tenant against whom an application for eviction has been made by landlord under Section 10 of the Act, shall be entitled to contest the application before the Rent Controller under that Section or to prefer any appeal under Section 20 against any order made by the Controller on the application unless he pays to the landlord or deposits with the Controller or the appellate authority as the case may be, all arrears of rent due up to the date of payment or deposit and continues to pay or deposit any rent which may subsequently become due until termination of the proceedings before the Rent Controller or the appellate authority as the case may be. In the instant case the respondents filed the appeal without depositing the amount. Hence the very appeal is not maintainable.