RAJENDERA NATH KAR versus GANGADAS & GANGADHAR RATHI & ORS.

RAJENDERA NATH KAR versus GANGADAS & GANGADHAR RATHI & ORS.

Section 39 of the West Bengal Premises Tenancy Act, 1956 expressly applies the Limitation Act to proceedings under it, subject to any special limitation period under the Act; therefore, an application to condone delay under section 5 of the Limitation Act is maintainable in relation to an application under section 17A of the Tenancy Act. In the facts, the appellant had sufficient cause for delay, as he was pursuing a bona fide revision; hence, the delay is condoned and the application under section 17A allowed.

Parties
Appellant: Rajendera Nath Kar; Respondents: Gangadas & Gangadhar Rathi & Ors.
Jurisdiction
India
Judgment Date
12 January 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment Dated 3 6 1969 of the Calcutta High Court in Civil Rule No. 2924/68
Outcome
Appeal allowed
Legal Topics
Limitation Period Under West Bengal Premises Tenancy Act, Application of Limitation Act to Special Statutes, Condonation of Delay, Striking Off Defence, Eviction Proceedings
Tenancy Law Limitation Law Limitation Period Under West Bengal Premises Tenancy Act Application of Limitation Act to Special Statutes Condonation of Delay Striking Off Defence Eviction Proceedings

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Parties

Rajendera Nath Kar

Appellant

Gangadas & Gangadhar Rathi & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment Dated 3 6 1969 of the Calcutta High Court in Civil Rule No. 2924/68

Legal Issues

  1. 1 Whether section 5 of the Limitation Act, 1963 applies to applications under section 17A of the West Bengal Premises Tenancy Act, 1956
  2. 2 Whether delay in filing an application under section 17A can be condoned

Ratio Decidendi

Section 39 of the West Bengal Premises Tenancy Act, 1956 expressly applies the Limitation Act to proceedings under it, subject to any special limitation period under the Act; therefore, an application to condone delay under section 5 of the Limitation Act is maintainable in relation to an application under section 17A of the Tenancy Act. In the facts, the appellant had sufficient cause for delay, as he was pursuing a bona fide revision; hence, the delay is condoned and the application under section 17A allowed.

Court Disposition

Appeal allowed

Orders

  • Delay in filing application under section 17A condoned under section 5 of the Limitation Act, 1963
  • Order dated July 25, 1963 striking off appellant's defence set aside