DEVAKI Vs. KALYANI

JUDGEMENT

(1.) This petition has come up for final hearing before this Bench on an order of reference dated 10-6-1983.

(2.) The petitioner has challenged the order dated 4-8-1982 passed by the District Judge, Dakshina Kannada, Mangalore on I. A. No. III in C.R.P. 109 of 1980. I. A. No. III had been filed by the petitioner under S.5 of the Limitation Act, 1963 (hereinafter referred to as the Limitation Act), requesting the Court to condone the delay in filing the revision petition before the District Judge.

(3.) On facts it is seen that the revision petition had been filed on 17-9-1980 beyond 90 days from the date of the impugned order dated 26-8-1978 passed by the Principal Munsiff, Mangalore in H.R.C. No. 267 of 1975 allowing the petition for eviction of the present petitioner. IA. No. III was opposed by the landlady respondent on merits. The District Judge held an enquiry on IA. No. III by recording evidence also. Ultimately he concluded that in view of the decision of this Court in Kannaswamy P. v. Shankaranarayana Shetty reported in (1976) 2 Kant LJ 266, an application under S.5 of the Limitation Act in the revision petition under S.50(2) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) ought to have been filed within 90 days from the date of the passing of the order as that would be the period prescribed under the Limitation Act. Further on merits, i.e., on the material available during the enquiry, he held that the petitioner had failed to show sufficient cause to condone the delay as required by S.5 of the Limitation Act and also as required by R.6(2) of Chapter VII of the High Court of Karnataka Rules, 1959 (hereinafter referred to as the Karnataka High Court Rules).