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Judgment
A Muhammed Mustaque, J.
This review petition is filed by the revision petitioners in a matter related to fair rent fixation. The rent control revision was filed only as against the order in Rent Control Appeal without there being a challenge to the order in cross objection. This Court, noting that, without there being a challenge to cross objection held that the challenge to the order of appeal is not sustainable and it operates in resjudicata. Accordingly, the rent control revision was dismissed.
It is to be noted that, subsequently a challenge was made in the cross objection by separate RCR.No.181/2018. It is true that at the time of consideration of the rent control revision, there was no challenge.
Having considered the facts and circumstances, we are of the view that, this review petition has to be allowed and pave way for reconsideration of the matter afresh on merit. The review petition is allowed. Rent control revision is restored to file.
Post the Rent Control Revision on 19.01.2023.