Punjab-Haryana High Court
Mohan Singh vs Surinder Pal Singh on 31 October, 2011
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Revision No.6563 of 2011 (O&M)
Date of decision: 31.10.2011
Mohan Singh
-----Petitioner
Vs.
Surinder Pal Singh
-----Respondent
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
1. Whether reporters of local newspapers may be allowed to
see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present:- Mr. Arun Kumar Kaundal, Advocate
for the petitioner.
---
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 v. Anup Bansal, JT 2011(6) SC 236, wherein it has been observed as under:-
"25. 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 C.R. No.6563 of 2011 2 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With the aforesaid liberty, the petition is ordered to be dismissed as withdrawn.
October 31, 2011 ( RAKESH KUMAR GARG ) ak JUDGE