WALL GROSER FORGINGS Vs. MURLI DHAR

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India the present petitioner/tenant has been challenging the order passed in appeal under Section 38 of the Delhi Rent Control Act (hereinafter referred to 'the Act') whereby the learned Rent Control Tribunal has dismissed the appeal confirming the order passed under Section 15(7) of the Act by the learned Additional Rent Controller concerned.

(2.) It is not disputed that a petition under Section 14(1)(a) of the Act came to be filed by the present respondent/landlord wherein order under Section 15(1) of the Act came to be passed requiring the tenant to deposit the rent. On failure to comply with the order u/Section 15(1) of the Act, an application seeking striking of the defence came to be filed and the learned ARC holding the non-compliance of the order passed u/Section 15(1) of the Act, passed the order u/Section 15(7) of the Act striking off the defence. It is not disputed that in the appeal u/Section 38 of the Act the merits of the appeal were not gone into and the appeal was dismissed as barred by limitation rejecting the application under Section 5 of the Limitation Act.

(3.) The grievance in the. present petition is that the Rent Control Tribunal committed illegality by not condoning the delay u /Section 5 of Limitation Act. The delay in filing the appeal involved the period of 27 days. The appeal u/Section 38 of the Act was required to be filed on or before l6.8.1994 where as the same was filed on 29.9.1994.