MADHU SUDAN LAL Vs. SADHU RAM

JUDGEMENT

(1.) This petition is directed against the order of the Appellate Authority, accepting the appeal of Sadhu Ram tenant, and setting aside the order of eviction passed by the Rent Controller.

(2.) Learned counsel for Sarvshri Sadhu Ram and Faqir Chand (hereinafter referred to as the tenants) raised a preliminary objection that this revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act (for short the Act) filed against the order of the Appellate Authority after 93 days, was barred by limitation. Admittedly the Act, though prescribing limitation for filing an appeal against the order of the Rent Controller, does not prescribe any period of limitation for filing the revision petition. As such learned counsel for Sarvshri Madhu Sudan Lal, Baikunth Nath and Ish Kumar (for short the landlords) placed reliance on a Single Bench decision of this Court in Rajinder Kumar v. Dr. Rajwant Rai Sood. (1983) 1 Rent CJ 40 to the effect that since no period of limitation is provided for filing revision petition in the High Court. the question of condonation of any delay under Sections 5 and 14 of the Limitation Act does not arise. Nevertheless, learned counsel for the tenants referred to Section 3 of the Limitation Act laying down that subject to the provisions contained in Sections 4 to 24 (inclusive every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. Reliance was then placed on subsection (2) of Section 29 of the Limitation Act which is in the following terms:-

(3.) Adverting now to the merits, the salient facts are that the landlords applied for the eviction of the tenants on several grounds, inter alia, non-payment of rent. The arrears of rent having been paid, the eviction was sought on the surviving grounds. The Rent Controller ordered the eviction on the grounds of subletting, change of purpose for which the property was let out. impairing the value and utility thereof and raising unauthorised construction.