1. The petitioners filed R.C.O.P. No. 13 of 1995, on the file of Rent Controller, Virudhunagar, against the respondent herein for eviction on the ground of wilful default. Pending the said petition, petitioners also filed an application in I.A. No. 35 of 1995, under section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, for deposit of arrears of rent.

2. On 3. 1996, after finishing enquiry, the Rent Controller, after considering the legal and genuine claim of the petitioners, allowed the petitions and ordered eviction.

3. The respondent herein, challenging the above order filed two appeals in R.C.A.Nos.9 of 1996 against the order on the application under Section 11(4) of the said Act, and another appeal in R.C.A. No. 10 of 1996, against the order passed in the main O.P. When these two appeals came before the Rent Control Appellate Authority, on 24. 1996, the Rent Control Appellate Authority in I.A. No. 194 of 1996, granted interim stay, despite the pendency of the caveats petition. However, on 26. 1996, the caveator filed the counter for vacating the interim stay, stating that the appeal could not be entertained, unless the entire arrears is paid.

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