(1.) This is landlords petition under Art. 227 of the Constitution for quashing the order apssed by the Resident Deputy Colletor, rejecting his application for condonation of delay in filing the appeal before hi,.
(2.) the petitionerhad filed an applicaiton before the Rent Controller for grant of permission to terminate the lease of the respondent under clause 13(3) (vi) of the Rent control Order. The argument were heard by the Rent controller on 251-1982 and the case was posted for orders on 6-2-1982. The order was passed by the Rent Controller on 6-2-1982 but as none turned up he directed the order to be communicated to theparties. It appears from the proceedings that the Attorney of the Counsel for the landlord appeared on 2-3-1982 and signed the order sheet of those proceedings. There is nothing to show that any communication as such was sent by the Rent Controller to the parties after having passed the order on 6-2-1982.
(3.) An applicaiton for certified copy of the impugned order was made on 8-3 1982 and theapplicant a was told to appear on 15-3-1982. Admittedly, the applicant never on aperaed for taking copy on 15-3-1982. The copy of te order was delivered on 8-4-1982 and the appeal before the Resident Deputy Collector was filed on 17-4-1982 accompanied by an applicaiton for condonation of delay stating that the clerk Sharad nampalliwar the of the Advocate had appeared for taking copy on 11-3-82, 14-3-82 and 23-2-82, but the clerk concerned was not found in this place. Nothing however, was stated in this application as to why be he did not appear on the date he was told to appear on the i. e. 15-3-1982.