This is an application to revise the Order of the District Judge of Coimbatore passed under section 12-B of the Madras Buildings (Lease and Rent Control) Act (XXV of 1949.)

The petitioners claimed to be the owners of the house in question and sought the eviction of the respondent from those premises on the grounds, that the respondent defaulted payment of rent and that the respondent denied the title of the Petitioners as owners. The Rent Controller came to the conclusion that the requirements of section 7(2) (ii) as well as section 7(2) (vi) of the Act were satisfied With reference to section 7(2) (vi) he held that the denial of title by the respondent was not bona fide. Eviction was ordered. The respondent thereupon appealed to the Subordinate Judge of Coimbatore.

During the pendency of the appeal before the learned Subordinate Judge the respondent applied for stay of execution of the order of the Rent Controller directing the eviction of the respondent. The petitioners-owners contended before the learned Subordinate Judge that under the provisions of section 7-A(1) of the Act the respondent was not entitled to continue the proceedings in appeal until he deposited all the