Ratnam, J.

1. The tenant is the Petitioner. In R.C.O.P.No. 686 of 1984 filed under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 as amended by Act 23 of 1973 (hereinafter referred to as 'the Act') the respondents prayed for the passing of an order of eviction against the petitioner on the ground that having obtained an order for deposit of rents in H.R.C.No. 569 of 1981 under Section 8(5) of the Act, the tenant wilfully defaulted in the payment of monthly rent at the rate of Rs. 350 for the months of April, May, July, September and October, 1983. In the counter filed by the petitioner, a plea was raised that as a result of the obtaining of orders under Section 8(5) of the Act in H.R.C.No. 569 of 1981 the respondents could not initiate proceedings for eviction against the petitioner under Section 10(2)(i) of the Act and that there was also no wilful default in the payment of rents for the months in question.

2. The learned Rent Controller found that though the application under Section 10(2)(i) of the Act for eviction at the instance of the respondents was maintainable despite the earlier orders under Section 8(5) of the Act, the petitio