Vincent Poobalarayar vs The Rent Controller (District Munsif), Tuticorin and 2 others

Nainar Sundaram, J.—The question arose before the learned single Judge as to the shirk on the part of the appellate authority under the

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act, to exercise the jurisdiction as the appellate authority

to examine the propriety of an order passed by the controller under the Act, declining to order re-delivery in execution at the instance of the third

respondent in this writ appeal. The learned single Judge found a warrant to follow the pronouncement of a Bench of this court in Fathima

Automobiles v. P.K.P. Nair 98 L.W. 116=1985-2-M.L.J. 31, to hold that the inhibition with reference to filing of an appeal set out under S.18(2)

of the Act would apply only to an order passed under S.18(1) of the Act directing delivery in execution, of the enumerated orders under S.18(1)

of the Act. We have been taken through the pronouncement of the bench of this court referred to above. We find a sound reason behind a ratio

adopted by the bench. We have not found a warrant to take a view different from that of the bench of this court in the decision referred to above.

Hence, this writ appeal directed against the order of the learned single Judge remitting the matter to the appellate authority under the Act, the

second respondent herein for consideration of the matter in accordance with law, is dismissed. No costs.