This is a petition to declare that Sec.11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as ‘the Act’), is unconstitutional, being repugnant to the very object of the Act.

2. The petitioner is admittedly a tenant under the second respondent of premises No.8, Thulukanam Street, Varadarajapuram, Madras-2. On a rent of Rs.50 per mensem. The second respondent filed R.C.O.P.No.64 of 1983 under Sec.l0(2)(i) of the Act for eviction of the petitioner on the ground of wilful default in payment of rent. An application was filed by the second respondent under Sec.11 of the Act for a direction to the petitioner to pay the arrears of rent and in default to stop the proceedings. An order was passed by the Rent Controller directing the tenant to pay the rent and as he did not comply with the same, an order was passed under Sec.11 (4) of the Act on 4. 1985 directing him to put the second respondent in possession of the building. The second respondent filed E.P.No.177 of 1988 for executing the order. The petitioner contested the same and filed M.P.No.852 of 1988 under Sec.47 of the Code of Civil Procedure for dismissal of the execution proceeding. One