KULJIT RAGHBIR SINGH Vs. J.P. GUPTA

JUDGEMENT

(1.) This is a petition filed on behalf of the landlord-petitioner whose appeal has been dismissed as time barred by the Appellate Authority vide Its order dated April 17, 1979.

(2.) An application for obtaining the certified copy the order of the scent Controller dated August 19, 1978, was made on August 21, 1978. The certified copy was ready and delivered on September 12, 1978 and consequently the appeal could be filed by September 25, 1978. However, the appeal was filed on October 6, 1978 along with an application under Section 5 of the Indian Limitation Act. The Appellate Authority after discussing the affidavits filed along therewith, has come to the conclusion that "in this case the appellant or her agent waited upto the last day of limitation and on the vague allegations as referred to above, the appellant is not entitled to condonation of delay in filing the appeal, having failed to prove any cause, much less sufficient cause for doing so. There is no reason under Section 15(1)(b) of the Act to entertain this appeal after expiry of period of limitation, and consequently dismissed the appeal as lime barred Feeling aggrieved against this order, the landlord has come in revision to this Court.

(3.) After bearing the learned counsel for the petitioner, I do not find any merit In this petition. Learned counsel for the petitioner was unable to point out any illegality or impropriety in the order of the Appellate Authority. He was unable to show from the affidavits filed along with the application that on what date the power of attorney was sent to the petitioner by her agent. Under these circumstances the findings arrived at the Appellate Authority cannot be interfered with in the exercise of revisional jurisdiction. Consequently, this petition fails and is dismissed with costs. Revision dismissed.