ANIL BHARDWAJ Vs. TEK CHAND

JUDGEMENT

(1.) By way of this petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as 'the 1987 Act'), the petitioner/tenant has prayed for setting aside of two orders dated 02.05.2018 (Annexures P-4 and P-5), passed by the learned Rent Controller, Court No. 3, Shimla in Case No. 37-2 of 17/13, titled as Shri Tek Chand and others vs. Shri Anil Bhardwqj and others, vide which a preliminary issue framed at the behest of petitioner stands decided by the learned Rent Controller against him. The preliminary issue which has been decided against the petitioner reads as under:

(2.) When this petition was taken up for consideration, a preliminary objection was taken by Sh. K.D. Sood, learned Senior Counsel appearing for respondent No. 1 that this petition was not maintainable, as the remedy available before the petitioner herein was to assail the impugned orders was by way of filing an appeal.

(3.) Parties were heard on the issue of maintainability of this petition.