BHARAT PETROLEUM Vs. PALLADIUM REAL ESTATE AND DEVELOPERS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the order dtd. 2/7/2024 passed in I.A.No.41 of 2024 in R.C.No.17 of 2022, whereby the application filed by the petitioner/tenant under Sec. 5 of the Limitation Act, 1963, seeking condonation of delay of 64 days was rejected by the Principal Rent Controller at Secunderabad (Authority).

(2.) In short, admitted facts between the parties are that the main rent control case in R.C.No.17 of 2022 was filed by the respondent/landlord before the learned Authority. Upon receiving notice, the tenant appeared and filed an application under Order VII Rule 11 of CPC for rejection of the said rent control case on the ground that the schedule property was a vacant land and not building and hence, the rent control case is not maintainable. The learned Authority by order dtd. 10/4/2023 rejected the plaint.

(3.) Aggrieved by the aforesaid order dtd. 10/4/2023, the landlord preferred C.R.P.No.1561 of 2023, which was decided on 5/1/2024. This Court set aside the order dtd. 10/4/2023. The contention of the learned Senior Counsel for the petitioner/tenant is that the order dtd. 5/1/2024 passed by this Court in C.R.P.No.1561 of 2023 was made available to the tenant only on 23/4/2024.