SANGEET LODHA, J. - (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Division No. 1), Bhilwara under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950, was withdrawn with liberty file a fresh suit under the provisions of Rent Control Act, 2001 (in short 'Act of 2001'). Thereafter, the respondent preferred a petition under the Act of 2001 before the Rent Tribunal Bhilwara which is being contested by the petitioner by filing a reply thereto. The petitioner has taken the stand before the Rent Tribunal that in view of the provisions of Section 32 of the Act of 2001, the respondent could have filed a fresh petition within a period of 270 days from the date of commencement of the Act of 2001, but it has been filed after the expiry of 270 days, therefore, the same deserves to be dismissed as barred by time.
(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" ?;