Maintainability of appeal filed against order determining arrears of rent.

P.R. Gokulakrishnan, J.

1. The tenant is the petitioner in this Civil Revision Petition. In an application filed under Section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) by the landlord, the Rent Controller has found that there are huge arrears of rent amounting to Rs. 15,400 and directed the tenant to deposit the said amount to the credit of the proceedings. As against the determination of arrears of rent under Section 11 (3) of the Act in M P. No. 560 of 1982 in R.C.O.P. No. 2520 of 1982 the tenant preferred R C. A. No. 350 of 1932 The appellate authority took up for determination the question as to whether the tenant can file an appeal without complying with the order of the Rent Controller, and after holding that the tenant cannot prefer an appeal without depositing this amount dismissed the appeal as not maintainable. It is as against this order, the present revision has been filed.

2. Mr. Selvaraj, learned Counsel appearing for the revision petitioner/tenant contends that for an appeal under Section 11(3) of the Act, there is no need to deposit the arrears of rent determined by the Rent Controller. This proposition is, no doubt accepted by Mr. Thulasiraman learned Counsel appearing for the respondent/landlord. But the learned Counsel submits that the appellate authority has, as a matter of fact, found that such an arrear is due from the tenant Before adverting to the factual finding of the appellate authority, it is necessary to decide as to whether an appeal can be preferred without depositing the arrears that were found due by the Rent Controller.

3. It is clear that the appeal filed before the appellate authority is only as against the order passed under Section 11 (3) of the Act wherein the Rent Controller has decided as to the arrears payable by the tenant Section 11 of the Act reads as follows:

11. Payment or deposit of rent during the pendency of proceedings for eviction:

(1) 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 23 against any order made by the Controller on the application, unless he has paid or pays 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 to 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.

(2) The deposit of rent under sub-section shall be made within the time and in the manner prescribed.

(3) Where there is any dispute as to the amount of rent to be paid or deposited under Sub-section (1) the Controller or the appellate authority, as the case may be, shall, on application made to him either by the tenant or by the landlord, and after making such inquiry as he deems necessary determine summarily the rent to be so paid or deposited.

(4) If any tenant fails to pay or to deposit the rent as aforesaid the Controller or the appellate authority, as the case may be, shall, unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.

(5) The amount deposited under Sub-section (1) may subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him in that behalf to the Controller or the appellate authority, as the case may be.

4. From the above extract of Section 11, it is clear that under Section 11 (3) of the Act, the Rent Controller or the appellate authority, as the case may be, shall on application and after enquiry, determine summarily the rent to be so paid or deposited. Section 11 (3) of the Act has to be read along w