Mohan Singh vs Surinder Pal Singh

Rakesh Kumar Garg, J.—This Is Landlord''s Revision Petition challenging, order of the Rent Controller, Ludhiana dated 12.3.2011,

whereby provisional rent has been assessed.

It is useful to refer to judgment of the Hon''ble Supreme Court in the case of Harjit Singh Uppal Vs. Anup Bansal, Recent Apex Judgments

(R.A.J.) 317 : JT 2011 (6) SC 236, wherein it has been observed as under:-

Section 15(1)(b) of the 1949 Rent Act provides, to a person aggrieved by an order passed by the Rent Controller, a remedy of appeal. The

Section provides for limitation for filing an appeal from that order and also the forum to which such appeal would lie. The provision, for maintaining

the appeal, does not make any difference between the final order and interlocutory order passed by the Rent Controller in the proceedings under

the 1949 Rent Act. There is no specific provision in the Section that if a party aggrieved by an interlocutory order passed by the Rent Controller

does not challenge that order in appeal immediately, though provided, and waits for the final outcome, whether in the appeal challenging the final

order of the Rent Controller, the correctness of the interlocutory order from which an appeal lay could or could not be challenged in the appeal

from the final order.

In view of the aforesaid law laid down by the Hon''ble Supreme Court, the impugned order is appealable.

Faced with this situation, learned counsel for the petitioner wishes to withdraw the instant revision petition with liberty to challenge the impugned

order before the appropriate authority in accordance with law.

With the aforesaid liberty, the petition is ordered to be dismissed as withdrawn.