A stay order contingent on payment of arrears does not conclude the proceedings, thus making a revision petition unmaintainable.

A. Muhamed Mustaque, J.

This revision petition is filed essentially challenging an order in an application for stay. The Rent Control Appellate Authority passed an order granting stay on a condition that the tenant has to deposit the entire arrears of rent, and the same is challenged in this revision petition.

2. The Rent Control Appellate Authority is yet to decide the issue related to the jurisdiction, about which the Rent Controller had apparently assumed jurisdiction, overruling the objection of the tenant in regard to the maintainability. Anyway, that question is a matter to be decided in appeal. Now the question is whether the revision petition is maintainable. 3. The learned counsel for the landlord submitted that the revision petition is not maintainable, as the impugned order has not attained finality and does not by itself result in the termination of the proceedings. It is only a discretionary order passed on an application for stay.

We find that there is a formidable objection on the side of the landlord. We are not going to the merits of the challenge. We, therefore, dismiss the revision petition as it is not maintainable. However, we give liberty to the tenant to challenge the same in an appropriate manner.