LAWS(MAD)-1980-1-20

K K VENKAIMARBON Vs. DAKSHINAMOORTHY

Decided On January 30, 1980
K K VENKAIMARBON Appellant
V/S
DAKSHINAMOORTHY Respondents

JUDGEMENT

(1.) THE question in this case is whether an appellate authority under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 hereinafter called the Rent Control Act has power to excuse the delay in filing an appeal from an order of the Rent Controller. THE appellate authority concerned in this case is Thiru A. Raman, the Principal Subordinate Judge, cuddalore He said that the Rent Control Act gave him no power to excuse any delay in the appeal. He said that the Act was a complete Code in itself. He said that section 5 of the Limitation Act, 1963 had no application to the proceedings before him as an appellate authority under the Rent Control Act.

(2.) THE learned Subordinate Judge is right in thinking that the Rent Control Act is a complete Code. But that, by itself, does not rule out the application of section 5 of the Limitation Act, 1963. THE limitation Act, 1963 is a central legislation on a concurrent subject under our constitution, it lays down generally the law relating to limitation. Section 29 (2) of the Limitation Act, 1963, however, takes note of special or local laws which might prescribe special periods of limitation in a way not found in the schedule to the Limitation Act. Section 29 (2) saves these special periods of limitation, by the simple expedient of declaring that ail such special periods shall be deemed to have been incorporated in its own Schedule. Having done so, section 29 (2) further provides that to these special periods of limitation prescribed by special and local laws, the provisions of sections 4 to 24 of the limitation Act shall, as a rule, apply except where the special or local law concerned expressly excludes or limits the application of these sections.

(3.) THE Supreme Court bad occasion to lay down what meaning must be assigned to this expression'persona designata' in legal writings. This is what they said in Central Talkies Ltd. v. Dwarka prasad. 'a persona designata is a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class or is filling a particular character'