SHIVNANDAN GOSAI Vs. MANGAL PRASAD GUPTA

JUDGEMENT

(1.) During the course of hearing on an application filed under Section 5 of the Limitation Act, a short question for consideration has been raised as to what would be the period of limitation for filing an appeal under Section 32 of the C.G. Accommodation Control Act, 1961 ?

(2.) Answering the aforesaid question, this order shall dispose of M. (C). P. No. 114 of 2005, which is the application for condonation of delay in filing the S.A. No. 37 of 2005, under Section 5 of the Limitation Act.

(3.) The appellant has filed this second appeal under Section 32 of C.G. Accommodation Control Act, 1961 (hereinafter referred to as the Act). As per the office report, this appeal is barred by 540 days of limitation. The appeal has been filed against the impugned order dated 24-4-2003 passed by the District Judge in Misc. Civil Appeal No. 3/2003 filed under Section 31 of the aforesaid Act. It appears that the Rent Controlling Authority, Ambikapur, District Sarguja passed an order dated 27-1-2003 in Case No. 4/B/121/1999-2000 for fixation of standard rent under Section 10 of the aforesaid Act. The said order, passed by the Rent Controlling Authority was challenged by both the parties in two different Misc. Appeals bearing No. 2/2003 and 3/2003 before the District Judge, Ambikapur and the District Judge disposed of both the appeals by impugned common order dated 24-4-2003 against which this second appeal has been filed by the tenant.