G DEENADAYALAN Vs. HABIBUNNISSA

JUDGEMENT

(1.) THIS is a petition to excuse the delay of 31 days in the presentation of the civil revision petition filed under Sec. 25 of the Tamil nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called'the act'). According to the petitioner the order of the Appellate Authority in R. C. A. No. 20 of 1992 was made on 7. 4. 1993. The civil revision petition was filed on 5. 6. 1993. Though the petitioner says in the affidavit that there are only 30 days delay in filing the revision petition, after the office returns, he admits that the delay is 31 days in filing the revision petition. Lest there should be any doubt on this aspect of the case, I am giving below the calculation of the delay: Date of Order on 7. 4. 1993 4 days (April) Date of Application made on 12. 4. 1993 21 days (June) Certified copy made ready on 9. 6. 1993 31 days (July) C. R. P. filed on 5. 8. 1993 5 days (August)

(2.) THE office note refers to certain earlier judgments of this Court on the interpretation of Sec. 25 (2) of the Act. THE purport of these decisions is to the effect that the period of limitation provided under the Act is absolute and the delay if any, can be excused only upto a further period of one month and for a single day more. That proposition is not disputed before me but it is contended that one month comprises of 31 days. I, therefore, directed the miscellaneous petition to be numbered and ordered notice. THE respondent has filed a counter-affidavit, stating that one month comprises of only 30 days.

(3.) THE above quotation clearly indicates that it is only when the period of time extends to the next month, the importance of the calendar month is felt and the question of referring to the British Calendar is indicated. But when the word'month'is used merely as an unit of measure. I am of the opinion that it can only refer to 30 days and not 31 days. I have already referred to the definition contained in the standard Dictionary by Funk and Wangalls and also Permanent Edition of words and phrases, in this regard. But the observations of Venkataramaiya's Law Lexicon, above quoted, confirm my view.