SRINIVASAN
Azariah – Appellant
Versus
A. K. A. Mohammed Ismail Sahib – Respondent
The petitioner herein is the tenant, against whom, petition for eviction was filed by the respondent under Secs.l0(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, (Act 18 of 1960 as amended by Act 23 of 1973). The petitioner disputed the relationship of landlord and tenant between the respondent and himself. The Rent Controller, while expressing a doubt as to whether the petition for eviction was maintainable, in view of the fact that the title of the respondent to the property, was in dispute and pending decision by this Court in a first appeal, as between the respondent and his vendor, passed an order dismissing the eviction petition on merits, after holding against the respondent with regard to the grounds urged for eviction.
2.. The respondent, filed R.C.A. No.13 of 1985 on the file of Appellate Authority (Sub Court), Tirunelveli, Pending that appeal, the respondent filed I.A.No.146 of 1986 under Sec.11(4) of the Act praying for an order directing the petitioner herein to put the respondent in possession of the schedule premises by ordering the stopping of all further proceedings in the appeal. The said petition was posted to 12. 1987
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