KISHAN LAL Vs. DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this petition, moved under Section 226 of the Constitution of India, the Petitioner has sought writ in the nature of certiorari quashing the impugned order dated 6 -8 -1982 (Annexure 8 to the petition), whereby an application moved under Section 24 of U.P. Urban Buildings (Regulation of Letting Rent & Eviction) Act, 1972 (UP. Act No. 13 of 1972), is dismissed by Respondent No. 1 i.e. District Jude, Nainital.

(2.) HEARD learned Counsel for the parties and perused the affidavits and counter affidavit filed by them.

(3.) THE impugned order is challenged mainly on the ground that benefit of Section 14 of Limitation Act, 1963 was available to the Petitioner for the purpose of condonation of delay under Section 5 of said Act, in moving the application before the appellate court. The Petitioner has challenged the impugned order, alleging that the view taken by the District Judge, Nainital (the appellate court), in rejecting the application under Section 24 of the Act, as barred by time, is erroneous in law.