MOHAN LAL GUPTA Vs. ROMESH RANI ANAND

JUDGEMENT

(1.) This on petition has been filed against the order of the Rent Controller dated March 7, 1980, dismissing an application by the tenant for dismissal of the petition for ejectment on the ground that a similar petition has been dismissed by the Rent Controller on 15th February, 1980. The Rent Controller rejected the application on the ground that the present petition is based on the ground of non-payment of rent which became due after filing of the previous application. Obviously, the Rent Controller has rightly dismissed that, application.

(2.) The learned counsel for the petitioner, however, urged that although on the monthly rate of rent a dispute was raised in the earlier petition and that decision binds the parties. This question has not been raised in the application nor has been decided by the Rent Controller. If any matter is being reagitated which already stands decided by the Rent Controller in the earlier petition, the , petitioner would be at liberty to take necessary steps to take the plea of res judicata. But that does not mean that the present application for ejectment is barred.

(3.) This petition is, therefore, wholly misconceived and is accordingly dismissed with costs. The parties, through their counsel, have been directed to appear before the Rent Controller on October 28, 1980. Petition dismissed.