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Ashesh Singh   30 April 2025

Order passed by rent tribunal fixing "interim rent" to be challenged before appellate tribunal or hc

in an application filed by the landlord before the rent tribunal, interim rent was fixed by the rent tribunal. As this is an interim order so which will be the valid forum to challenge it? The appellate rent tribunal or the High Court under Article 227? the matter pertains to Rajasthan Rent Control Act, 2001



 4 Replies

R.K Nanda (Advocate)     30 April 2025

Interim order be challenged in appellate rent tribunal. 

Ashesh Singh   30 April 2025

But Sir, my hesitation is the provision for Appeal in the Rajasthan rent control act, 2001 which provides that only final orders are appealable. Can the Provisional order, not being a final order,  be challenged before HC u/a 227 under it's supervisory jurisdiction? Would be grateful if you may shed some light over that.

Regards

R.K Nanda (Advocate)     30 April 2025

Only final order can be challenged in HC.

Ashesh Singh   30 April 2025

The relevant provision is as under:

(6)"From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall he filed within it period of [sixty days] [Substituted by Act No. 1 of 2006 (w.e.f. 22.2.2006.)] from the date of final order alongwith copy of such final order."

 

So, my understanding is that only final orders can be challenged before the Appellate Rent Tribunal but as against interim orders the aggrieved party will have to approach the HC u/a 227. Am I right in light of above?


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