PADMANABHAN, J. :- The following two questions have been referred to by Mohan, J. for an authoritative pronouncement by a Bench. First is, whether a member of the family could seek the benefit of S.10 (3) © of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The second is, where during the pendency of rent control proceedings, the landlord executes the order of eviction and obtains possession, whether on the reversal of that order of eviction, restitution is possible.

2. We shall take up for consideration the first question, namely, whether a member of the family could seek the benefit of Sec.10 (3) ©, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for a decision by a Bench in view of the conflict between the decisions in Ramalingam v. Kothandaraman (1980-2 Mad LJ 283) decided by Mohan, J. and in Surekha v. Union Bank of India, Madras (1980-93 Mad LW 284), decided by Rathnam, J. in C. R.P. No. 2917 of 1980, the landlord is the owner of ground and premises No. 1, Palayappan Street, Madras. The tenant is occupying a portion of the premises for residential purposes and another portion for non-residential purposes. The landlord requires the residential por