GURU BUTCHAIAH Vs. K AHAYA BAI

JUDGEMENT

(1.) 1. This is an application under section 5 of the Indian Limitation Act, 1963, to condone the delay of fifteen days in filing a Civil Revision petition under section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, hereinafter referred to as "the Act", to which the period of limitation prescribed under section 93 applies. Feeling that there is conflict ot judgments concerning this question, our learned brother, Reghuvir, J., referred the matter to a Division Bench. That is how this petition has come up before us.

(2.) Sri G. Ramakrishnaiah, learned counsel for the petitioner, says that section 5 of the Indian Limitation Act, does apply to matters that arise under the Act by virtue of sub-section (2) of section 29 of the Indian Limitation Act, 1963, and consequently his application under section 5 for condonation of delay of fifteen days in preferring the revision is mintainable. To this Sri Pratap Reddy demurs.

(3.) Before we read what sub-section (2) of section 29 says, ic is necessary to examine section 93 of the Act which prescribes the period of limitation for appeals and revisions. It is in the following terms;