PREM RA Vs. SURAT SINGH

JUDGEMENT

(1.) Shri Prem Raj has preferred this revision under section 35 of the Delhi Rent Control Act (No. 38 of 1952) against the order of a learned Subordinate Judge Its Class dated 20th April 1961 dismissing the present petitioner's application under section 15 of the aforesaid Act.

(2.) It appears that in proceedings for ejectment against the present petitioner from the shop in question an eviction decree was made on 6th August, 1956 on the ground that the shop was required for re. building. The landlord undertook to restore back the possession of the shop in question. The shop to be restored was marked 'B' showa in the plan attached with the plaint in eviction proceedings. According to the present petitioner against whom order of eviction was made he delivered the possession of the shop in his occupation on 15th September 1956 and his grievance which he desires to be redressed in the present proceedings is restoration of possession of the newly built shop.

(3.) This claim was contested by the landlord and the pleadings of the parties gave rise to four issues on merits, I am, however only concerned with Issue No. 3 which deals with the plea of limitation. Accord ing to the trial Court, it is common case. of the parties that the specified date on which the tenant was to band over possession of the premises to the landlord was 15th September, 1956. The application out of which present the revision arises was made on 20th May 1958. According to Section 15 of the aforesaid Act, application for restoration of the reconsttucted building must be filed within one year from the date when possession is delivered by the tenant to the landlord. It appears that an application seeking similar relief was earlier moved by the applicant on 11th May, 1957 which was dismissed on 17th May, 1958 on the basis of a statement by the applicant's counsel. That statement was in the following terms: