D. Suresh Jain v. Vinod R. Dishi

P.B.BALAJI, J.

The matter is listed under the caption 'for being mentioned' today.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The learned counsel for the petitioner states that the RLTOP was posted on 08.09.2025 for the first hearing. The petitioner / tenant has entered appearance and intends to question the maintainability of the RLTOP by taking out an application and seeking permission from the Rent Court to treat the same as a preliminary issue. The law on this point is fairly well settled and in summary proceedings, there cannot be a separate enquiry solely to decide the maintainability of the petition as a preliminary issue.

4. It is, however, open to the revision petitioner to file a counter, raising all objections, including the question of maintainability. The issue of maintainability shall be considered and decided along with the main RLTOP. 1/3

5. No further clarification is required.

10.09.2025 jas 2/3

P.B.BALAJI, J.

jas 10.09.2025 3/3