R.P.65/2021

                                M.C.442/2021/M.C.443/2021

                                M.C.444/2021

             Heard the  learned counsel for the petitioner.

            Mr.A.Mohanty,learned counsel for the petitioner submitted that this petition arises out of complaint case filed by the OP before the learned District Commission. According to the case of the complainant, he is a landlord and inducted  the present petitioner  as tenant in suit house.  When the petitioner wanted to vacate the house, the OP asked not to vacate. When the petitioner  did not listen to it,the complainant   filed the present complaint before the learned District Commission.

      Mr. Mohanty,learned counsel for the petitioner further submitted that he filed the written version before the learned District Commission to dispose of with the complaint on issue of maintainability at first.  According to him, the case is not maintainable under the provision  of C.P.Act. Since, long the matter is not heard on the point of maintainability although Hon’ble Supreme Court have categorically held in catena of decisions that the matter should be heard on maintainability  at first.

           In view of above submission, this Commission, without giving any opinion in the merit of the case, hereby direct the learned District Commission to hear the complaint case on maintainability at first by giving opportunity to  both the parties on that issue and take decision  within 30 days from the date of receipt of this order.

          The Revision petition is disposed of accordingly.

        Copy of this order be downloaded from the comfonet or website of this Commission as if they have received the same from the Commission and place same before the learned District Commission on 09.09.2021 to  take further instruction.