HINDUSTAN ENGINEERING CO. Vs. KAILASH CHAND

JUDGEMENT

(1.) THIS writ petition is directed against order dated 4.5.2009 passed by the Rent Tribunal, Bhilwara in Rent Case No. 6/2001, whereby while rejecting the application preferred by the petitioner for deciding the issue No. 3 as preliminary issue, the finding has been recorded that the petition for fixation of rent preferred by the respondent is not barred by time.

(2.) A suit for fixation of rent preferred by the respondent against the petitioner before the Additional Civil Judge (Junior Division No. 1), Bhilwara under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950, was withdrawn with liberty file a fresh suit under the provisions of Rent Control Act, 2001 (in short 'Act of 2001').

(3.) ON the basis of an pleadings of the parties as aforesaid, the Rent Tribunal has inter alia framed an issue as to "whether the petition is liable to be rejected as barred by time" ?