ASHWANI KUMAR Vs. AMARTEX INDUSTRIES LTD

JUDGEMENT

(1.) Present revision petition is directed against the order dated 19.01.2012, passed by the Appellate Authority, Ludhiana, whereby it has allowed the appeal filed by respondent/tenant and remanded the case to Rent Controller for decision afresh.

(2.) Learned counsel for the petitioners contends that provisional rent was assessed on 7.6.2011. Tenant having failed to pay, his ejectment was ordered on 27.7.2011. The tenant challenged the final order of ejectment before the Appellate Authority but posed no challenge to the order dated 7.6.2011 passed by the Rent Controller. The Appellate Authority allowed the appeal observing that provisional rent had not been correctly assessed and remanded the case to Rent Controller for decision afresh. According to him, order passed by the Appellate Authority is unsustainable. He has relied upon judgment reported as Vinod Kumar Vs. Prem Lata, 2003 HRR 699 and Rajan alias Raj Kumar Vs. Rakesh Kumar, 2010 158 PunLR 201.

(3.) Mr. Behl, learned counsel for the respondent has opposed the plea. He submits that order passed by the Appellate Authority is sustainable. He relies upon judgment reported as Harjit Singh Uppal Vs. Anup Bansal, 2011 3 RCR(Civ) 247.