K.C.Agrawal J. - (1.) This writs petition arises from a judgment of the IX Additional District Judge, Allahabad dated August 30, 1976 dismissing the revision of the petitioner.
(2.) House No. 1197, Kalyani Devi, Allahabad belongs to Smt. Chandra wati Devi, the petitioner. It is a double storeyed building. On 30.9.75 R.P. Singh respondent No. 3 filed an application for its allotment the ground that he was living in the said portion as a licensee of the petitioner and that the same be allotted to him. After the receipt of the report of the Rent Control Inspector, vacancy was notified and a notice was also ordered to be issued to the petitioner. On 31st Oct., 1975 the ground floor was allotted to respondent no.3. Thereafter, on 15.11.1975, respondent no. 3 filed an application for fixation of rent. While the inquiry pending, the petitioner moved an application for setting aside the allotment order on 12.11.75 before the Rent Control and Eviction Officer stating that the allotment order had been surreptitiously obtained. On 22.11.1975, a complaint with the police was also lodged on 10.11.1976. the petitioner filed an appeal against the order of the allotment dated 31st. October, 1975, before the District Judge. The appeal was accompanied by an application filed under Section 5 of the Limitation Act fort he condonation of delay. The petitioner claimed that as she learnt about the allotment order on 7.1.1976, the delay in filing the appeal was liable to be condoned.
(3.) Having found that the delay had been sufficiently explained, the District Judge condoned the same on 27.3.1976. Thereafter, the appeal was transferred to the IXth Additional District Judge, who dismissed the same on August 30, 1976. Against the said order the present writ petition was filed.;