T.MOHAN Vs. MEENAKSHIAMMAL

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, who would implore and entreat by placing reliance on the records as well as the order of the Lower Court to the effect that the re-presentation delay of 1234 days was not condoned by the appellate authority as well as by the Rent Control Court, for no good reason.

(2.) IN the affidavit accompanying the petition to condone the delay in re- presentation, the petitioner, averred that the application for restoring R.C.A. was filed in time, whereas the Advocate Clerk died and even before his death, the papers got mixed with other papers. Over and above that, the petitioner was not aware of all these things. Only belatedly, he came to know about it. The learned District Judge described this explanation as a false story which was not correct.

(3.) AT the outset itself, I would like to refer to the decision of the Honourable Supreme Court in Improvement Trust, Ludhiana v. Ujagar Singh and others reported in (2010) 6 Supreme Court Cases 786. Certain excerpts from it, would run thus: