ORDER: The Rent Control Appellate Authority held that a second application for fixing the fair rent is maintainable and therefore, this revision.

2. The revision petitioner is the tenant. In 1983, the respondent/ the landlord filed H.R.C.O.P. No.1167 of 1982 under Sec.4 of the Act. Fair rent was fixed at Rs.221 per month. On appeal, it was quantified at Rs.211 per month. After the death of the petitioner’s father, the petitioner and the respondent entered into a tenancy agreement. Notwithstanding the fact that the fair rent had been fixed in the above proceedings, a sum of Rs.500 per month was paid as rent and received by the respondent. In March, 1995, the respondent filed R.C.O.P. No.575 of 1995 for fixing the fair rent. The learned Rent Controller while dismissing the petition on the ground that a second application for fixation of fair rent was not maintainable, proceeded to quantify the fair rent on the basis of the materials produced before him. The fair rent thus fixed was Rs.1311 per month. The respondent preferred an appeal. The Appellate Authority relying on Malpe Vishwanath Acharya v. State of Maharashtra, A.I.R. 1998 S.C. 602 came to the conclusion that a fresh petition

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