IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5328 of 2008 Date of decision: 9th December, 2008 Nirmal Singh Malhi and another … Petitioners Versus Bhajan Singh Kala … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Naresh Jain, Advocate for the petitioners. Mr. Sudhir Pruthi, Advocate for respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The Appellate Authority had remanded the matter to the Rent Controller to determine whether in the present case, Rent Controller has the jurisdiction to try the rent petition or not. It was stated that in the present case, building plan was sanctioned only on 30th November, 1999. DPC was approved on 19th December, 1999. Occupation certificate was issued thereafter and the ejectment petition was filed on 18th October, 2004. A plea was raised that the Act is not applicable for a period of ten years to the newly constructed buildings. To decide this issue, whether the Rent Controller can try the case or not, the matter was remanded by the Appellate Authority. Let the Rent Controller decide this issue as a preliminary issue and thereafter, the parties can take recourse to remedy available to them under law. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 9, 2008 rps