Ram Lakhan vs Commissioner, Varanasi Division, Varanasi and Others

Hari Swarup, J.—Sri Tirath Das, opposite party No. 3, was granted permission u/s 3 of the UP (Temp.) Control of Rent and Eviction Act (hereinafter referred to as the Act) to file a suit for the ejectment of Ram Lakhan, the Petitioner, from the accommodation in dispute. The order was passed on 26-4-1967 and was communicated to the Petitioner on 29-4-1967. The Petitioner filed a revision u/s 3(2) of the Act before the Commissioner against the order granting the permission. The revision was filed on 12-6-1967, that is, after the period of 30 days prescribed for filing the revision had expired. The Petitioner claimed that he was entitled to get excluded the time taken in obtaining the copy of the order of the RC and EO against which the revision was filed and thus sought the benefit of Section 12(2) of the Limitation Act. The Commissioner came to the conclusion that Section 12(2) of the Limitation Act was not applicable to proceedings before him u/s 3(2) of the Act and hence dismissed the revision as time barred.

Section 12 of the Limitation Act can, if at all, apply to proceedings u/s 3(2) of the Act only by virtue of Section 29(2) of the Limitation Act. Section 29(2) of the Limitation Act, 1963, however, applies only to proceedings before a Court and not to proceedings before a quasi-judicial Tribunal. The Petitioner was thus not entitled to get the benefit of Section 12(2) of the Limitation Act. The order of the Commissioner suffers from no error of law or jurisdiction.

The petition is accordingly dis missed but, in the circumstances of the case, there will be no order as to costs.