RAMACHANDRA RAO, J.

( 1 ) THE question that arises in this revision petition filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act. 1960 (Act IV of 1960 ). is whether the provisions of Section 5 of the Limitation Act (hereinafter called the Act), are applicable to proceedings before the Rent Controller exercising powers under the Rent. Control Act. The question arises on the following facts.

( 2 ) THE petitioner herein filed the application H. R. C. No. 95/1972 on the file of the House Rent Controller. Vijayawada, for eviction of the respondent from a non-residential building. The application was ordered ex parte on 19-7-1972 and possession was taken over by evicting the respondent on 9-9-1972. The respondent filed the petition. I. A. No. 4518 of 1972 under Section 5 of the Act. on 15-9-1972 for condoning the delay in filing the application for setting aside the ex parte order of eviction. In the affidavit filed in support of the petition, it was alleged by the respondent that he had no notice of the eviction petition, that no such notice was served on him, that until 9-9-1972 on which date he was forcibly evicted, he was not aware of the ord

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