G.GOPAKUMAR Vs. ANCY THANKACHAN PHILIP

JUDGEMENT

(1.) The cardinal question commonly arising in the captioned cases is whether the Appellate Authority, constituted under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the Act") has power to condone delay in filing an appeal by invoking Section 5 of the Limitation Act, 1963 (in short, "the Limitation Act"). A similar doubt raised earlier had been dispelled when the Supreme Court pronounced a judgment in Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker (AIR 1995 SC 2272). But, now it appears that the doubt has resurrected in the minds of some learned Judges who disposed of the appeals involved in these cases on the basis of a pronouncement by a Division Bench of this Court in Ratheesh v. A.M.Chacko and another (2018 (5) KHC 35), which in turn relied on M.P.Steel Corporation v. Commissioner of Central Excise (2015 (7) SCC 58).

(2.) Heard the learned counsel for the revision petitioners and contesting respondents.

(3.) We shall narrate the relevant facts in brief: R.C.R.No.262 of 2019 is filed by the tenants/respondents in R.C.P.No.8 of 2014 before the Rent Control Court, Adoor, who sufferred an order of eviction under Section 11(3) of the Act. The order passed by the Rent Control Court was challenged in R.C.A.No.6 of 2018 before the Rent Control Appellate Authority, Pathanamthitta. The revision petitioners approached the Appellate Authority beyond the prescribed time and they filed an application under Section 5 of the Limitation Act for condonation of delay. The Appellate Authority took a view that Section 5 of the Limitation Act is not applicable to the proceedings before it and hence the petition was dismissed. Consequently, the appeal was also dismissed.