VIJAY BANSAL Vs. MANJIT SINGH

JUDGEMENT

(1.) This revision petition has been directed against the judgment dated 9th November, 2005 passed by the Appellate Authority, Ludhiana whereby the petitioner's rent appeal against the order of eviction dated 23rd December,2003 passed by the Rent Controller, Ludhiana, has been dismissed being barred by limitation. According to the Appellate Authority, there was delay of 21 days in filing of the appeal.

(2.) The undisputed facts are that the petitioner is a tenant in the premises owned by the respondent. An eviction petition was filed against the petitioner which was accepted by the Rent Controller, Ludhiana, who ordered petitioner's eviction vide his judgment dated 23rd December, 2003. Though, the appeal was required to be filed within a period of fifteen days, the petitioner filed the same on 28th January, 2004. Along with the appeal, he moved an application under Section 5 of the Limitation Act, which has, however, been dismissed by the Appellate Authority vide its impugned order dated 9th November, 2005, resultantly his appeal has also been dismissed.

(3.) The condonation of delay in filing of the appeal was sought on the ground that the petitioner was implicated in FIR No.378 of 2000, under Sections 366,376,506 read with Section 34 of the Indian Penal Code and was convicted in the said case by learned Additional Sessions Judge (Fast Track Court), Ludhiana, vide his judgment dated 27th May, 2003 and was sentenced to undergo RI for ten years. The petitioner was taken into custody on 27th May, 2003. The eviction order dated 23th December, 2003 was passed while the petitioner was in jail. He came out on parole on 2nd January, 2004 and upon visiting the Courts came to know about the eviction order on 3rd January, 2004. The petitioner thereafter applied for the certified copy of the said order on 17th January, 2004 and on receipt thereof on 27th January, 2004, he filed the appeal on 28th January, 2004.