AMRIK SINGH Vs. BHAGWAN SINGH & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the Rent Control Tribunal dated 14.3.2013 by which the Rent Control Tribunal has refused to condone the delay of 10 months in filing of the appeal.

(2.) The reason given for refusing to condone the delay is that the petitioner herein (who is an Advocate), and who was the appellant before the Rent Control Tribunal, was contesting as a respondent in another appeal filed by the defendant in the suit (i.e the respondents in the first appeal) challenging the self-same judgment of the trial court dated 31.7.2010, and consequently the reason given of medical illness by the petitioner will not hold water because if the petitioner can personally contest as a respondent in an appeal filed by the defendants against the judgment of the trial court dated 31.7.2010, then, the petitioner could also have filed an appeal against the same judgment of the trial court dated 31.7.2010 in time.

(3.) The relevant observations of the Rent Control Tribunal in this regard read as under:-