BABU RAM Vs. DEVINDER MOHAN KAURA

JUDGEMENT

(1.) This is a petition for revision under Section 115 of the Code of Civil Procedure against the order dated 7-1-1977 passed by the learned Additional District Judge, Delhi, dismissing the appeal filed by the petitioner as barred by time and also dismissing the application for condonation of delay filed before it under Sections 5 and 14 of the Limitation Act (hereinafter referred to as "the Act").

(2.) It appears that the petitioner had filed a suit for possession and recovery of Rs. 434.00 as damages at the rate of Rupees 60.00 p.m. for the period 1-2-1975 to 31-8-1975, and also for recovery of Rupees 14.00 as water charges for the same period at the rate of Rs. 2.00 per month against the respondents who are the legal representatives of one Om Prakash Kaura.

(3.) The case of the petitioner in the plaint was that Om Prakash Kaura was his tenant in respect of a room in house No. 16/10181-82, Gurdwara Road, Karol Bagh, New Delhi. The petitioner terminated the tenancy of Om Prakash Kaura by notice dated 1-1-1970 and thereafter Om Prakash became a statutory tenant. Om Prakash died on 16-3-1975 and at the time of his death he was in possession of the said room as statutory tenant and now the legal representatives (respondents) are in illegal occupation of the premises in dispute,