PRAHLAD DASS Vs. BHAGIRATH LAL

JUDGEMENT

(1.) This second appeal under section 39 of the Delhi Rent Control Act, 59 of 1958, (hereinafter referred to as 'the Act'), has been filed by the tenant against the appellate order of the Rent Control Tribunal dated 30th September, 1972, by which it has dismissed the appeal and affirmed the order of the Controller, dated 31st January, 1972, finally ordering eviction of the appellant on the ground of non-payment of rent and it treated it a case of second default and so the benefit of section 14(2) could not be afforded to the appellant.

(2.) The appeal in this court was filed on 10th October, 1972 accompanied by a certified copy of the appellate judgment, but with a plain copy of the order of the Controller and without certified copy of the same. The appeal was accompanied by an application for exemption from filing the certified copy of the same and the exemption was granted subject to that plea of limitation. The certified copy has finally been filed in this court on 4th July, 1973 while this court was on vacation from 25th May to 7th July, 1973. In these circumstances, the respondent has contended that the appeal as filed was incompetent unless it was accompanied by the certified copy of the order of the court of first instance and the appeal be deemed to have been filed on the day the said certified copy had been filed and so it was barred by time.

(3.) The appellant has filed an application (CM 298 of 1976) on 20th February, 1976 for condonation of delay under section 5 of the Limitation Act. The main ground alleged for condonation of delay is that the certified copy of the order of the Controller had been applied for on 9th October, 1972, as is apparent from the annexure filed along with the application, but the application was returned on 22nd May, 1973 on the ground that the copy could not be prepared since the file had been transmitted to the High Court. The appellant thereupon filed an application in the registry of this court for supply of the certified) copy on 30th May, 1973, which was ready on 7th June, 1973 during the vacation of the court and the same Was eventually filed on 4th July, 1973 as mentioned above. The appellant contends that the time from 9th October, 1972 up to 7th June, 1973 should be treated as time requisite in obtaining the certified copy of the order of the first court. The respondent has filed a reply to the application in which the dates mentioned above are not denied, but it is contended that there is no sufficient ground for condonation of delay.