MUKESH KUMAR Vs. AGGARWAL PAPERS

JUDGEMENT

(1.) THE limited issue in this petition, filed under Article 227 of the Constitution of India impugning the judgment of the Rent Control Tribunal dated 21.7.2009, is whether the petitioner/landlord is entitled to the benefit of the provision of Section 15(2) of the Limitation Act, 1963 (hereinafter referred to as 'the Limitation Act') by excluding the period spent before the slum authority in obtaining permission under Section 19 of the Slum Areas (Improvement & Clearance) Act, 1956 (hereinafter referred to 'the Slum Areas Act') for the purpose of filing an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the DRC Act').

(2.) THE heat question is whether the Limitation Act applies to the proceedings under the DRC Act.

(3.) A reading of the aforesaid para of the Supreme court judgment makes it more than clear that the Limitation Act applies to the proceedings under the DRC Act. Once the Limitation Act applies, the provision of Section 15(2) of the Limitation Act will also apply and hence the period which is taken by the petitioner/landlord in pursuing a petition under Section 19 of the Slum Areas Act, and which is a precondition for filing of an eviction petition under the DRC Act, will be a period which can be excluded in terms of Section 15(2) of the Limitation Act, which reads as under: -