ALLAHABAD BANK Vs. RUKMANI AMMAL

JUDGEMENT

(1.) This revision petition is brought forth challenging an order of the learned Subordinate Judge, Karur, wherein an application to condone the delay of 464 days in filing an application to set aside the abatement which occurred in R.C.A.No.5 of 1998.

(2.) After careful consideration of the submissions made by the learned Counsel for the petitioner and scrutiny of the materials available, the Court is unable to notice any infirmity or illegality in the order passed by the Court below so as to make an interference.

(3.) Admittedly, one Govinda Konar, the landlord of an immovable property, wherein the revision petitioner Bank is being run as a tenant, filed R.C.O.P.No.4 of 1994 for fixation of fair rent. On severe contest by the revision petitioner Bank, the fair rent was fixed at Rs.9,500/- per month by an order dated 30.7.1998. The said order of the Rent Controller was challenged by the revision petition by filing an appeal in R.C.A.No.5 of 1998, which was pending on the file of the Rent Control Appellate Authority. On 15.3.1999 the said Govinda Konar died, which fact was brought to the notice of the Court below. The lower Court has pointed out that the said fact of death was also intimated to the opposite party on 23.12.1999, but no steps were taken on the side of the Bank. In such circumstances, the Rent Control Appellate Authority had no option than to dismiss the appeal as one abated. Accordingly, the appeal was dismissed as one abated by an order dated 12.10.2000. The revision petitioner Bank filed an application to set aside the said abatement along with an application to condone the delay of 464 days in filing the set aside application.