JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present petition is against the order dated 03.08.2022 passed by the Rent Control Tribunal, Raipur wherein the order dated 18.03.2019 (Annexure P-5) passed by the Rent Control Authority, Bilaspur was set aside and the case was remanded back to Rent Control Authority to adjudicate afresh.

2. The brief facts of this case are that :-

An application was filed before the Rent Control Authority by respondent herein being the landlord under Section 12 (2), Schedule 2 serial 11 (g) of the Chhattisgarh Rent Control Act, 2011 (henceforth 'the Act, 2011') that the tenant after notice has not vacated the premises and further claim was also made for the arrears of rent.

After notice the tenant filed an application under Order 7 Rule 11 on the ground that the agreement of tenancy contains an arbitration clause and accordingly on earlier point of time, Arbitrator has passed an award which was acted upon by the parties. Therefore, the dispute even for vacating the premises is an arbitrable one, the petition before the Rent Control Authority would not lie.

The Rent Control Authority upheld the objection & dismissed the application filed by the landlord on the gr