Natarajan, J.

1. This revision petition relating to a case arising under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the 'Act') lies in a narrow compass. The respondent herein who is the landlord of a non-residential building leased out to the petitioner filed R.C.O.P. No. 3848 of 1983 under Section 5 of the Act for fixation of fair rent for the leased premises at the rate of Rs. 1,928 per month. The petitioner herein (tenant) raised an objection that in prior proceedings, viz., H.R.C. No. 2449 of 1985, the fair rent for the building has already been fixed at Rs. 600 per month and in view of that fixation of fair rent, the landlord is not entitled to file another petition for fixation of fair rent. The Rent Controller sustained the preliminary objection raised by the petitioner herein and dismissed the landlord's petition. Against the said order, the landlord filed an appeal, R.C.A. No. 173 of 1985. The Appellate Authority who heard the appeal held that the Rent Controller was not entitled to dismiss the landlord's petition on a preliminary point and instead, the Rent Controller ought to have examined the claim of the landlord on its