Section 11 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 does not apply to appeals preferred against orders passed by the Rent Controller under Section 11 itself.

( 1 ) THIS revision petition is directed against the order of the Chief judge, City Small Cause Court as an appellate authority under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act of 1960 given on 23-2-1968. It arises in the following circumstances.

( 2 ) THE respondent-landlady filed an application under S. 10 of the Act for eviction on the ground of tenants wilful default. During the pendency of that petition, the landlady filed an application under S. 11 seeking direction from the Rent Controller that the respondent whole had fallen into arrears of rent should be directed to deposit the same, failing which his summary eviction should be ordered. The petition was resisted by the tenant mainly on the ground that he had made certain payments. After a summary enquiry, the Rent Controller disbelieved the defence set up by the tenant and directed the tenant by his order dated 2-9-1967 to pay an amount of Rs. 425. 00 being the arrears of rent within 15 days from that date, failing which an order under section 11 (4) of the Act would follow.

( 3 ) DISSATISFIED with that order, the tenant preferred an appeal under S. 20 of the Act to the appellate authority. During the pendency of the appeal, an application under S. 11 was again filed by the landlady. that petition was resisted on the ground that such a petition was not maintainable as the appeal was not preferred against an order passed on a petition filed under S. 10 of the Act, but was preferred against an order passed under S. 11 (1) of the Act. The appellate Authority rejected the contention holding that the word "application" referred to in sub-sec. 91) of S. 11 does not necessarily refer to a petition under S. 10. It also held that the word "appeal" refers to any appeal filed under S. 20 of the Act. The appellate authority therefore directed the tenant to deposit the arrears of rent within 15 days from the date of the order. it is this view that is now assailed in this revision petition.

( 4 ) AT the first instance the revision petition came up before one of us (Ramachandra Rao J. ). The same contention was argued before him. In view of the importance of the question involved, the revision petition was referred to a Bench and that is how the matter has come before us.

( 5 ) IN order to appreciate the contention raised by the learned advocate for the petitioner, it is necessary to read Section 11 (1) of the Act which runs as follows: "no tenant against whom an application for eviction has been made by a landlord under Section 10, shall be entitled to contest the application before the Controller under that Section, or to prefer any appeal under Section 20 against any order made by the Controller on the application, unless he has paid to the landlord, or deposits with the Controller or the appellate authority, as the case may be, all arrears of rent due in respect of the building up to the date of payment or deposit and continues to pay or deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Controller or the appellate authority, as the case may be. "

( 6 ) A reading of this provision would indicate that it puts an embargo upon certain rights of the tenant. It firstly states that no tenant shall be entitled to contest an application filed under S. 10 for eviction against him. The second restriction put upon his right is that he cannot prefer any appeal under S. 20 against any order made by the Controller on the application unless he has paid all arrears of rent due in respect of the building up to the date of payment and continues to pay rent which may subsequently become due. The section comes into operation without being required to be set in motion by any order. it is a legal restraint put upon the tenant to contest the application or to prefer an appeal in case he is arrears and has not paid the arrears. he is also required to continue to deposit the rent. Sub-secti