OM PARKASH Vs. ASHWANI KUMAR BASSI

JUDGEMENT

(1.) THIS Revision is directed against the order dated 4.8.2007 passed by the Rent Controller, Ludhiana, dismissing the application under Section 5 of the Limitation Act for condoning the delay in filing application for leave to contest the Eviction Petition and consequently the application for leave to contest.

(2.) RESPONDENT filed an application for eviction of the petitioner herein from the demised premises under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act"). Notice of the application was issued in the prescribed form asking the petitioner/tenant to appear before the Rent Controller within 15 days of the date of service of notice and to obtain leave to contest the petition. Tenant was served with the summons of Eviction Petition on 19.5.2005. 15 days period for filing application expired on 3.6.2005. Application for leave to defend was preferred on 4.6.2005. It was not accompanied with any application for condonation of delay. Thereafter an application under Section 5 of the Limitation Act came to be filed seeking condonation of delay of one day in filing the application for leave to defend. Learned Rent Controller vide the impugned order has dismissed the application under Section 5 of the Limitation Act and consequently application for leave to defend the Eviction Petition. The Rent Controller relied upon the judgment of this Court reported in the case of Babu Ram v. Naresh Kumar, 2006(3) RCR(Civil) 789 : 2006(2) RCR(Rent) 249 (P&H) as also a Division Bench judgment of this Court in the case of Ashwani Kumar Gupta v. Siri Pal Jain, 1998(2) RCR(Rent) 222 (P&H) : 1998(2) RLR 263 wherein it has been laid down that provisions of Section 5 of the Limitation Act are not applicable in proceedings before the Rent Controller, particularly, for condoning delay in filing application for leave to contest the Eviction Petition. Based upon the ratio of the aforesaid judgment, application under Section 5 of the Limitation Act and consequently application for leave to contest have been dismissed.

(3.) IT may be useful to examine the Scheme/procedure incorporated under Section 18-A of the East Punjab Urban Rent Restriction Act which is reproduced as under: