OBALAPPA Vs. ALAMELAMMA

JUDGEMENT

(1.) Petitioner, Obalappa, has filed this in- terlocutory application under S. 5 of the Limitation Act, 1963 (the Act of 1963) read with S. 151 of CPC seeking condonation of delay in preferring this revision.

(2.) He has preferred this revision under sub sec. (1) of S. 50 of the Kar. Rent Control Act, 1961 (the Act) against the order dt. 16 3 1981 of the X Addl. Small Causes Judge, Bangalore City, in HRC No. 77 of 1980 on his file. Proceeding on the assumption that such a revision is required to be preferred within 90 days of the order of the Court below, and on the further assumption that S. 5 of the Act of 1963 is attracted to get, the delay condoned, he has preferred this IA I. It is also supported by an affidavit sworn to by him in person.

(3.) Two questions that arise for consideration in this revision are : (i) Is any time prescribed to prefer a revision under sub-sec. (1) of S. 50 of the Act ? and (ii) If law does not prescribe any period of limitation as such, how should, in the matter of admission of a revision, the Court to proceed in dealing with the delay of laches, if any, on the part of the revision petitioner in preferring a revision ?