VASANT GOVIND TILAK Vs. ANUSUYA DATTARAM GHATGE

JUDGEMENT

(1.) This Writ Petition was taken up for final disposal. Submissions of the learned counsel appearing for the petitioner were heard on 6th January, 2010. On the same day, the submissions of the learned counsel appearing for 2nd, 4th, 5th and 6th respondents were heard. On 20th January, 2010, the submissions of the learned counsel appearing for respondent Nos. 7 to 10 were heard. Following question arises in this Writ Petition under Article 227 of the Constitution of India.

(2.) The petitioner, who is the original plaintiff, filed a Revision Application under section 29(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the said Act of 1947") before the Appeal Bench of the Court of Small Causes for challenging the judgment and order dated 10th March, 2005 passed by the trial Court. The revision application was filed in April, 2008. By the order impugned in this Writ Petition under Article 227 of the Constitution of India, the Application for condonation of delay made by the petitioner was rejected by the Appeal Bench of the Court of Small Causes by holding that Article 131 of the Limitation Act, 1963 (hereinafter referred to as the Act of 1963") will apply. The case of the petitioner was that Article 137 of the said Act of 1963 will apply and therefore, the period of limitation will be of 3 years. Therefore, a prayer for condonation of delay was made seeking condonation of delay of only 28 days.

(3.) Article 131 of the Limitation Act, 1963 reads thus :