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1987 Supreme(Mad) 355

NAINAR SUNDARAM
Murugaiya Konar – Appellant
Versus
Daniel Nursing Home, Rep. By Its Trustee Selvaraj Daniel – Respondent


ORDER

Nainar Sundaram, J.

1. The petitioners in these six revisions are tenants within the meaning of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 (hereinafter referred to as the 'Act').

2. The respondent is their landlord within the meaning of the Act. The landlord obtained orders of eviction Ex Parte against the tenants. The tenants filed applications to set aside the Ex Parte orders. The landlord filed applications under Section 11 of the Act, calling upon the tenants to deposit the rents. The Controller allowed these applications and at the same time dismissed the application filed by the tenants to set aside the Ex Parte orders of eviction. The tenants preferred appeals as against these orders and the Appellate Authority has dismissed the appeals. These revisions are directed against the orders of the Appellate Authority.

3. Mr. G. Devadoss, learned Counsel for the tenants-petitioners, herein, would submit that the invocation of Section 11 of the Act by the landlord-respondent herein was incompetent because there was no application for eviction as such pending before the Controller and already orders for eviction have been passed in the applications concerned

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