Deposit of arrears of rent is a condition precedent for filing an appeal against an order of eviction under the Tamil Nadu Buildings (Lease & Rent Control) Act, 18 of 1960.

The legal representatives of the deceased tenant are the petitioners herein. The petitioner premises is situate at No. 5, 1st Cross Street, New Colony, Saidapet, Madras-15. The respondent herein purchased the premises under a registered sale deed dt. 18.8.1986 from M.C. Gopal. The petitioners herein are in occupation of the ground oor of the said premises on a monthly rent of Rs. 300/. The respondent herein is in occupation of the first floor. The petition for eviction was filed under Ss. 10(2) (i) and 10(3) (c) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 18 of 1960 (hereinafter referred to as the Act). According to the landlord, the tenant failed and neglected to pay the rent from 1.7.1986 till 31.10.86 and also committed act of waste, materially impairing the value and utility of the building. Further according to the landlord, he required the portion under the occupation of the tenants by way of additional accommodation. Therefore, the landlord sent a notice tothe tenant on 2.10.1986 callingupon them to quit and deliver vacant possession of the petition premises. But there was no reply to the notice sent by the landlord.

2. According to the tenants there is no relationship of landlord and tenant between the petitioners and the respondent herein. The tenants are not recognising the respondent herein as the landlord. The petitioners herein are tenants in respect of the petition premises under one Rajeswariammal, to whom the petitioners were paying the rent regularly from the inception of tenancy in 1972 onwards. There is a suit O.S. No. 2742 of 1987 pending on the file of City Civil Court, Madras questioning the title of the respondent herein for the petition premises. Therefore, it is not correct on the part of the respondent herein to say that the petitioners herein committed wilful default in payment of rent. During the pendency of the H.R.CO.P. No. 3702 of 1986, the respondent herein filed a petition under S.ll(4) of the Act in M.P. No. 1063 of 1987 for collecting the arrears of rent. The petitioners herein filed a counter stating that there is no relationship of landlord and tenant [between the respondent and the petitioners and therefore the respondent herein cannot ask the petitioners herein to pay the rent. However, the Rent Controller after hearing both the parties directed the petitioners herein to deposit a sum of Rs. 4,200/- towards arrears of rent on or before 22.10.1987, but the petitioners herein did not comply with that order. Therefore, the Rent Controller, terminated the proceedings and ordered eviction on 23.10.1987. The petitioners herein did not file any appeal against the order passed in M.P. No. 1063 of 1987. But the petitioners herein filed an appeal R.C.A. No. 840 of 1987 against the order of eviction passed in the main R.C.O.P. No. 3702 of 1986. The Rent Control Appellate Authority entertained the appeal and ultimately came to the conclusion that there is relationship of landlord and tenant between the petitioners and the respondent herein. Accordingly, the appellate authority confirmed the order of eviction passed by the Rent Controller. As against the order, the present revision has been preferred by the tenants before this court.

3. The learned counsel appearing for the petitioners herein submitted as under;

The order passed in M.P. No. 1063 of 1987 has got merged with the order passed in the main RCOP. No. 3702 of 1986 dated 23.10.1987 and therefore a separate appeal against the order passed in the petition under S. 11(4) of the Act is not necessary. The learned counsel submitted that the appeal against the order passed in RCOP. No. 3702 of 1986 would comprehensively cover the question arising under S. 11(4) of the Act also. According to the tenants, a bona fide dispute is in existence with regard to the title over the petition premises between the respondent herein and one Rajeswariammal. A suit O.S. No. 2742 of 1987 is also pending in the City Civil Court, Madras in this res