LAWS(P&H)-2012-4-38

MEENA SHARMA Vs. LAKHWINDER SINGH

Decided On April 30, 2012
MEENA SHARMA Appellant
V/S
LAKHWINDER SINGH Respondents

JUDGEMENT

(1.) CM No.9229--CII of 2012 Allowed as prayed for. CR No.2181 of 2012

(2.) LANDLADY Meena Sharma has filed this revision petition under Article 227 of the Constitution of India impugning order dated 18.09.2010 Annexure P-7 passed by learned Rent Controller, Ludhiana thereby allowing application of respondents/tenants for leave to contest the ejectment petition which has been filed by the landlady-petitioner under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act).

(3.) THE instant revision petition has been filed on 02.04.2012 i.e. more than one and half years after the passing of the impugned order. THErefore, the revision petition is barred by delay and laches. Plea of the petitioner that she had engaged a counsel on 16.11.2010 to file the revision petition who assured to file it within limitation and, therefore, she went abroad on 15.02.2011, cannot be accepted to explain the aforesaid long delay of one and half years in filing the revision petition because the petitioner landlady remained in India for three months after allegedly engaging the counsel on 16.11.2010 but did not ensure that the revision petition had been filed during that period of three months. Moreover, even after going abroad, the petitioner- landlady could remain in touch with the said Advocate on telephone to ensure filing of the revision petition but the landlady remained silent for long period of one and half years. Consequently the revision petition cannot be entertained at this distant stage of time.