GALAB CHAND Vs. LRS OF GANPAT LAL

JUDGEMENT

(1.) RAMA Kishan was admittedly owner of the shop in dispute. After his death, dispute about the shop arose between his two sons Ganpat Lal on one side and Gulab Chand on the other. Gulab Chand filed a suit for partition of the shop and separate possession of his share as Gulab Chand was in possession of the entire shop and was not prepared to amicably ***Page No. 436 to 437*** was condoned. It was held that unless there was willful and deliberate default, the delay should be condoned as non condonation of delay would result into serious cosequence of striking off of the defence of the tenant.

(2.) On the basis of the aforesaid decision, there would have been no problem for me in condoning the delay of three days as according to the tenant's affidavit he gave the amount to his counsel on 18.08.1987 and for the month of July 1987 the amount had to be paid by 15th of August, 1987. It is the case of the tenant that counsel failed to deposit the amount soon after 19th August. The counsel's affidavit is is on record. He admits that he got the amount on 18th August but stated that he was under the impression that he had deposited the amount and when it was brought to his notice that it was not deposited he deposited the amount.