BALDEV SHARMA Vs. MUNICIPAL CORPORATION, SHIMLA

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dtd. 8/4/2024 passed by the Divisional Commissioner, Shimla Division in Appeal No. 177/2020, whereby the application of the respondent herein for condonation of delay has been allowed.

(2.) The Municipal Corporation, Shimla ( for short 'the Corporation') initiated proceedings under Sec. 4 of the Himachal Pradesh Public Premises (Eviction and Rent Recovery) Act, 1971 (for short 'the Act') for eviction of petitioner. Eviction was claimed on the ground that the lease held by the petitioner had expired and hence the occupation of petitioner was unauthorised. The Collector under the Act, decided in favour of the petitioner and application of the Corporation was dismissed vide order dtd. 2/11/2016.

(3.) The corporation filed an appeal before the Commissioner, Shimla Division (for short 'the Commissioner') under Sec. 9 of the Act on 19/10/2020. Since, the appeal was barred by limitation, the corporation filed an application under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal.