SMT. VIDYA VATI Vs. SHRI GURBAX RAI ARORA

JUDGEMENT

(1.) This is second appeal from the order of the Rent Control Tribunal dated 30th March, 1972 confirming the order dated 18.8.1971 passed by the Additional Rent Controller under Section 15(7) of the Delhi Rent Control Act, 1958.

(2.) At the time of hearing the appeal, the learned counsel for the respondent raised a preliminary objection that the appeal is barred by time. It was submitted that the order in the appeal was passed on 30th March, 1972, and the appellant had applied for the certified copy of the Tribunal's order on 17th May, 1972, which was ready on 20th June, 1972, giving the appellant about 34 days in additional to the period of limitation for the purpose of limitation for filing an appeal to this Court. The appeal was filed in this court on or about 10th July, 1972 but was not accompanied by the certified coyp of the order of the Additional Rent Controller. Along with the appeal an application was filed by the appellant under Order 41 Rule 1 read with section 151 of the Code of Civil Procedure undertaking to file the certified copy of the order of the Additional Rent Controller and seeking exemption of the appeal being heard at the time of motion hearing. Deshpande J. before whom the appeal came along with an application for exemption as mentioned above, admitted the appeal and directed that the certified copy be filed within limitation. It appears that much after the period of limitation expired for filing appeal, the appellant on 5.9.72 applied for certified copy of the order of the Additional Rent Controller and the certified copy was ready on 15.9.72 and thereafter the certified copy was filed in this Court. No application was filed under Section 5 of the Limitation Act to explain the delay in filing the certified copy of the order of the Addl. Rent Controller in this Court so late. As mentioned earlier the application for obtaining certified copy of the order of the Additional Rent Controller was made only 5.9.1972, the appeal will be taken to have been properly filed only when the order of Addl. Rent Controller was also filed in this Court. The appeal is, therefore, clearly barred by time.

(3.) The learned counsel for the appellant, however stated that the law does not require that the second appeal under the Delhi Rent Control Act should be accompanied by the order of Additional Rent Controller and only copy of the Tribunal was sufficient for the purpose of filing a proper appeal.