OM PRAKASH versus ASHWANI KUMAR BASSI

OM PRAKASH versus ASHWANI KUMAR BASSI

Since the Rent Controller under East Punjab Urban Rent Restriction Act is a statutory authority without express power to condone delay, and Section 18-A provides an overriding special procedure requiring the application for leave to contest within 15 days, neither Section 5 of Limitation Act nor Code of Civil Procedure applies to condone delay before Rent Controller; thus, the eviction petition may proceed if application is filed late.

Parties
Petitioner: OM PRAKASH; Respondent: ASHWANI KUMAR BASSI
Jurisdiction
India
Judgment Date
27 August 2010
Procedural Posture
Special Leave Petition (civil) / Dismissal at Supreme Court
Outcome
Special Leave Petition dismissed
Legal Topics
Condonation of Delay, Limitation Act Applicability, Eviction, East Punjab Urban Rent Restriction Act
Landlord Tenant Rent Control Condonation of Delay Limitation Act Applicability Eviction East Punjab Urban Rent Restriction Act

Case Brief

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Parties

OM PRAKASH

Petitioner

ASHWANI KUMAR BASSI

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal at Supreme Court

Legal Issues

  1. 1 Whether the Rent Controller has jurisdiction to condone delay in filing application for leave to contest an eviction petition under Section 13-B of East Punjab Urban Rent Restriction Act, 1949
  2. 2 Whether Section 5 of Limitation Act, 1963 applies to proceedings before the Rent Controller for condoning delay

Ratio Decidendi

Since the Rent Controller under East Punjab Urban Rent Restriction Act is a statutory authority without express power to condone delay, and Section 18-A provides an overriding special procedure requiring the application for leave to contest within 15 days, neither Section 5 of Limitation Act nor Code of Civil Procedure applies to condone delay before Rent Controller; thus, the eviction petition may proceed if application is filed late.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed; no order as to costs