MATHURA LAL Vs. SUNDER LAL

JUDGEMENT

(1.) APPLICATION under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act) filed by the landlord-petitioner was allowed by the trial court and defence against eviction of the tenant non-petitioner was ordered to be struck off. The tenant preferred appeal challenging the order which was allowed by the appellate court. Against the said order present action for filing the revision has been resorted to.

(2.) ADMITTEDLY rent for the period of Falgun Sudi 2051 to Asad Budi 2052 amounting to Rs. 3600/- was deposited by the tenant on July 22, 1995. An application under Section 5 of Limitation Act was filed for condoning the delay in depositing the rent on the ground that tenant was ill. The trial Court disallowed the application but the appellate Court allowed the application and observed that justice cannot be denied to the tenant on account of technical hurdles.

(3.) IN M/s. B.P. Khemka Pvt. Ltd. v. Birendra Kumar Bhowmick, AIR 1987 SC 1010, the Supreme Court while dealing with the provisions of the West Bengal Premises Tenancy Act, 1956 has observed :-