AMAR KAUR Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) Petitioner/landlord lost his case on merits before the Rent Controllers his petition for eviction filed under Section 13 of the East Punjab Urban Rent/Restriction Act was dismissed on 25.1.1981. Feeling aggrieved against the aforesaid order, petitioner preferred an appeal which has been dismissed being barred by time. It is against this order of the appellate authority dated 24.3.1982, that the present petition has been filed.

(2.) It is the conceded position that learned Rent Controller dismissed the petition on 21.5.1981 and that the petitioner made an application to obtain certified copy of the order on 28.5.1981 and the same was supplied to him on 26.6.1981. It is again conceded position that Civil Courts remained closed from 16.6.1981 to 15.7.1981 and once again it is the conceded position that the appeal came to be preferred before the appellate authority on the next day i.e., 16.7.1981. Learned appellate authority held that appeal was barred by time on the basis of the judgment of Kerala High Court rendered in Jokkim Ferauez v. Amiua Kunhi Umma, A.I.R. 1974 Kerala 162 which in turn had followed the judgments of the Hon'ble Supreme Court rendered in Nityanand M. Joshi v. Life Insurance Corporation of India, A.I.R. 1970 S.C. 209 and Town Municipal Council, Athani v. Presiding Officer, Labour Court, Hubli, A.I.R. 1969 S.C. 1335.

(3.) Mr. Sarin, learned counsel representing the petitioner vehemently contends that limitation was to be counted as per the provisions contained in Section 29(2) and Section 4 of the Limitation Act, which read as under:-