VIJAY KUMAR Vs. SWARNA RANI

JUDGEMENT

(1.) This is tenant's revision petition challenging the impugned order dtd. 12/3/2013 whereby his appeal against the order of eviction has been dismissed being time-barred.

(2.) The respondents filed an application under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, "the Act") for ejectment of the petitioner-tenant from the demised premises on the ground of non-payment of rent w.e.f. 1/1/2004. The Rent Controller assessed the provisional rent @ Rs.700.00 per month and arrears of rent at Rs.80,600.00. However, the petitioner failed to make payment of the provisionally assessed rent. Thus, in view of judgments Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation AIR 2002 SC 2004 and Rajan @ Raj Kumar v. Rakesh Kumar 2010(1) RCR (Rent) 386, the Rent Controller passed an order of ejectment against the petitioner on 25/10/2011.

(3.) It may be noticed that under the provisions of the Act, an appeal can be filed against an order of ejectment of the Rent Controller within a period of limitation of 15 days. The petitioner filed an appeal against the aforesaid order on 19/1/2012 i.e. after a delay of 71 days (excluding the 15 days of limitation period, as provided). Along with the appeal, the petitioner also filed an application for condoning the aforesaid delay. In the application for condonation of delay, the petitioner averred that he was advised by his counsel that appeal can be filed within 60 days whereas he was later advised by another counsel that the appeal could be preferred within 15 days of passing of the eviction order and thus, there were sufficient grounds to condone the delay.