SHANKER DASS NARAINDASS Vs. SITA RAM JAWALA PARSHAD

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution for setting aside the order of District Judge, Patiala in an appeal arising out of an ejectment case under the Pepsu Urban Rent Restriction order nance (No. 8 of 2006).

(2.) Shanker Das Petitioner is a tenant of house No. 122, situate in Kasauli, belonging to Sita Ram Respondent. Sita Ram in his application to the Rent Controller alleged that he leased out the house to Shanker Das on 1-4-1952 for one year and that the rent of Rs. 100/- for the year was agreed to be paid on or before 31-7-1952. He prayed for eviction of Shanker Das from the premises because of default in payment of the stipulated rent. Shanker Das opposed the application and asserted that he was in occupation of the house for several years as tenant on a rent of Rs. 77/- P.A., that for the current year he was - forced to execute a lease-deed on the enhanced rent of Rs. 100/- to which he agreed because he was unwell and no other accommodation was available, and that he was willing and ready to pay Rs. 77/- as rent for the year. The Rent Controller, vide his order dated 28-7-53-accepted the Petitioner's contention and dismissed the application with the following observation:

(3.) The only point urged in this petition is that the order of the District Judge is liable to be quashed because the appeal before him was filed beyond the prescribed time of fifteen days. Section Kartar Singh, learned Counsel for the Petitioner,, contends that since the District Judge failed to', take into consideration and thus to give effect to. the imperative provision of law regulating the period for filing appeals, the impugned order accepting the appeal was without jurisdiction and void." The order of the Rent Controller is dated 28-7-1953. Shanker Das applied for a copy, of the order on 7-8-1953 & obtained it on 18-8-1953. The appeal was filed on 29-8-1953. Section 16 of the Rent Restric-tion Ordinance provides a period of fifteen days for filing an appeal against an order of the Rent Controller, Section 29, Indian Limitation Act makes the provisions of Section 3 of the Act applicable to these proceedings. .