Venkataswami, J.

1. An interesting question of law arises for consideration in this civil revision petition filed under Article 227 of the Constitution of India by a tenant in rent control proceedings.

2. The question is whether the Rent Controller is right in ordering payment out of the amount deposited by the tenant under Section 11(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 (hereinafter called 'the Act'-) after the disposal of the R.C.O.P. and the appeal filed against that order. A subsidiary question that also arises for consideration is whether the Rent Controller, in any event, was right in ordering payment out of the entire amount deposited when a portion of it was not recoverable by the landlord even on the date of deposit by reason of bar of limitation.

3. Let us now look into the facts leading to the filing of this revision petition.

4. The petitioner is a tenant under the respondent. The respondent filed an application for fixation of fair rent under Section 4 of the Act on 24.2.1976. The rent controller fixed the fair rent at Rs. 946 per month. Aggrieved by that fixation of fair rent both the petitioner and the respondent preferred appeals to the