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SUPREME COURT OF INDIA
E.S.Venkataramiah : P.N.Bhagwati
Milavi Devi
Versus
Dina Nath
Case No. : 224 of 1981
Date of Decision : 1/20/81
Rent Control Act - Period of limitation - Appellant had sufficient cause for not filing appeal before Rent Control tribunal within period of limitation and hence delay should have been condoned by Rent Control Tribunal – Held, Court set aside order made by Rent Control tribunal as also order of High court and remand appeal to Rent Control tribunal and direct that appeal may be heard on merits - Parties are directed to appear before Rent Control Tribunal and Rent Control tribunal is directed to disposed of appeal within six week from today – Appeal disposed of
(1) SPECIAL leave granted
(2) WE are of the view that the appellant had sufficient cause for not filing the appeal before the Rent Control tribunal within the period of limitation and hence the delay should have been condoned by the Rent Control Tribunal. We accordiugly allow the appeal, set aside the order made by the Rent Control tribunal as also the order of the High court and remand the appeal to the Rent Control tribunal and direct that the appeal may be heard on merits. The parties are directed to appear before the Rent Control Tribunal on 2/02/1981 and the Rent Control tribunal is directed to dsipose of the appeal within six weeki from today. There will be stay of dispossession in the meanwhile.
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