KESHARBAI Vs. PRAKASH MANKERE

JUDGEMENT

(1.) The applicant landlady is aggrieved by the order dated 17.1.1991 passed by the Rent Controlling Authority, Indore granting leave to defend to the non -applicant -tenant.

(2.) A perusal of the impugned order would show that it is clearly a non -speaking and laconic order. Admittedly, the application for leave to defend was filed beyond the period of 15 days, from the date of service of the summons granted by S. 23 -C of the M.P. Accommodation Control Act, 1961. It is true that the proviso to sub -section (1) of S. 23 -C of the Act, empowers the Rent Controlling Authority to excuse the delay in entering appearance nr in applying for leave to defend. The power is dependent on the finding to be reached after proper application of mind that the tenant was prevented by sufficient cause from applying within time. From a perusal of the application for leave to defend and the entire material on record, it is clear that the applicant has not shown any sufficient cause so far for the delay in applying for leave to defend. The observations of the Rent Controlling Authority that the applicant was illiterate and not aware of the law and is a person living below the poverty line, is not founded on anything on record. The non -application of mind is clear from the fact that in the cause -title of the order the landlady has been shown to he the applicant and the Court has stated in the order that the applicant was illiterate.

(3.) HOWEVER , in the interest of justice it is directed that the tenant shall be given one more' chance to plead properly the cause for the delay for making the application for leave to defend and if the Court finds after hearing both the parties on the question of condonation of delay that there was sufficient cause for the delay, it shall proceed to examine the question of grant of the leave to defend and shall also state reasons for condonation of delay as well as for grant of leave to defend. The parties shall appear before the Rent Controlling Authority on 20.4.1992. The tenant shall move an application explaining the cause for delay in: filing the application for leave to defend till 30.4.1992 and the Court shall then proceed to examine the cause. If the application is not moved till 30.4.92, it shall be taken that there is no sufficient cause for delay and the Court shall proceed as if an application for leave to defend was never filed. The Court is directed to dispose of the main application within four months from 30.4.1992. With these directions, the case is disposed of. There shall be no orders as to costs.