ABRAHAM Vs. ASSOCIATED ENGINEERING CORPORATION

JUDGEMENT

(1.) This was referred to a Division Bench by our learned brother Sukumaran, J. The main question that falls for decision is whether the provisions of the Limitation Act, 1963, would apply to the proceedings initiated by the Appellate Authority constituted under S.18 of the Kerala Buildings (Lease and Rent Control) Act, 1965, (the Rent Control Act). The learned Subordinate Judge (Appellate Authority under the Rent Control Act) held that those provisions were not applicable to appeals filed under S.18 of the Rent Control Act. In revision, the District Judge held that S.12 of the Limitation Act would apply. The facts are not in dispute, and could be stated as follows:-The order appealed against was passed by the Rent Controller on 19-9-1981. The respondent applied for a certified copy of the order on 14-10-1981. Sheets were called for by the Rent Controller on 29-6-1982, and were produced by the appellant on 2-7-1982. The copy was ready on 15-7-1982, and the appellant was asked to appear on 18-7-1982. The respondent received the copy on 24-7-1982; and the appeal was filed on 2-8-1982. S 18 of the Rent Control Act, so far as it is relevant for our purpose, provides as follows:-

(2.) For the foregoing reasons we allow the revision setting aside the order passed by the District Court and restoring the order of the Appellate Authority under the Rent Control Act. No costs.