RAM MEHAR Vs. RAGHBIR SINGH

JUDGEMENT

(1.) This is an appeal from the order dated 4th December, 1968 of the Rent Control Tribunal dismissing the appellant's appeal against the order of the Rent Controller as barred by time.

(2.) The respondent-landlord applied to the Rent Controller for the eviction of the appellant-tenant on the ground that the tenant was in arrears of rent for more than three months for the second time after having enjoyed the benefit of sub-section (2) of section 14 of the Delhi Rent Control Act, 1958, so that the said benefit cannot be given to him and he must be evicted. The Controller agreed with the landlord's contention and passed an order of eviction on 21st October, 1967. The tenant applied for a certified copy of the Controller's order on 26th October, 1967. He filed the memorandum of appeal before the Rent Control Tribunal on 27th October, 1967 with an uncertified copy of the order. The certified copy of the Controller's order was ready on 2nd December, 1967, but was actually obtained by the tenant from the Copying Department on 12th January, 1968 and filed by him in the Rent Control Tribunal either on 12th January, 1968 or on 15th January, 1968. When the appeal came for hearing on 4th November, 1968, the landlord raised a preliminary objection that the appeal was barred by time. The tenant obtained time from the Tribunal to apply for condonation of the delay in filing the appeal. The application for condonation of the delay was filed by the tenant on 13th November, 1968. The following averment therein is important and is reproduced below :-

(3.) The learned counsel for the appellant urged the following points in his arguments :-