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Smt. Milavi Devi Vs. Dina Nath - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 224 of 1981
Judge
Reported in(1982)3SCC366a
AppellantSmt. Milavi Devi
RespondentDina Nath
Excerpt:
- [ p.n. bhagwati and; e.s. venkataramiah, jj.] -- rent control and eviction — appeal — limitation — delay — condonation of — supreme court under article 136 can reassess whether the appellant had sufficient cause for not filing the appeal within the period of limitation before the rent control tribunal — on facts, order of the tribunal and high court set aside and appeal remanded -- the parties are directed to appear before the rent control tribunal on february 2, 1981 and the rent control tribunal is directed to dispose of the appeal within six weeks from today.p.n. bhagwati and; e.s. venkataramiah, jj.1. special leave granted.2. we are of the view that the appellant had sufficient cause for not filing the appeal before the rent control tribunal within the period of limitation and hence the delay should have been condoned by the rent control tribunal. we accordingly allow the appeal, set aside the order made by the rent control tribunal as also the order of the high court and remand the appeal to the rent control tribunal and direct that the appeal may be heard on merits. the parties are directed to appear before the rent control tribunal on february 2, 1981 and the rent control tribunal is directed to dispose of the appeal within six weeks from today. there will be stay of dispossession in the meanwhile.
Judgment:

P.N. Bhagwati and; E.S. Venkataramiah, JJ.

1. Special leave granted.

2. We are of the view that the appellant had sufficient cause for not filing the appeal before the Rent Control Tribunal within the period of limitation and hence the delay should have been condoned by the Rent Control Tribunal. We accordingly allow the appeal, set aside the order made by the Rent Control Tribunal as also the order of the High Court and remand the appeal to the Rent Control Tribunal and direct that the appeal may be heard on merits. The parties are directed to appear before the Rent Control Tribunal on February 2, 1981 and the Rent Control Tribunal is directed to dispose of the appeal within six weeks from today. There will be stay of dispossession in the meanwhile.


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