A mistake of law by a lawyer is not a sufficient cause for condonation of delay in making an application under Section 5 of the Limitation Act, 1963, unless the mistake was a mistake of fact, the lawyer exercised reasonable care and diligence, and the view taken by the lawyer was one that could have been entertained by a competent person exercising reasonable skill.

( 1 ) THIS is an application by the applicant, inter alia, for condonation of delay in making this application and for an order extending the time to deposit the rent in respect of the premises in suit at the rate of Rs. 156. 25 per month from September, 1967, until date. The applicant has also prayed for liberty to continue to make deposit of the said rent month by month in future.

( 2 ) THE applicant is the defendant in this suit which was filed on May 27, 1969. against the applicant, inter alia, for a decree for vacant possession of the shop room described in the plaint, decree for Rs. 9025. 66 on account of rent, mesne profit at the rate of Rs. 1. 25 p. per diem from the date of the institution of the suit until delivery of vacant possession of the said shop room.

( 3 ) THE said suit has been filed by the plaintiff on inter alia the following grounds, to wit: (1) The applicant has, without the previous consent in writing of the landlord, transferred and/or assigned and/or sub-let in whole or in part the said shop room to Chunilal Agarwalla and/or to Kamroop Transport Corporation and others. (2) The applicant has failed and neglected to pay and has made default in payment of rent to the plaintiff since September, 1967.

( 4 ) PRIOR to October, 1967, Mr. T. K. Ghose, Barrister-at-Law. was a Receiver of the premises in suit. The Receiver was discharged and by a letter dated the 28th September, 1967, the Receiver intimated the petitioner of the fact of his discharge and directed the applicant to pay rent to the plaintiff. The applicant tendered the rent for the month of October, 1967, to the plaintiff, who wrongfully refused to accept the same. The rent for the month of November, 1967, was also tendered by money order by the defendant applicant but was refused by the plaintiff landlord. Since then the applicant has been depositing the rent with the Rent Controller. The Writ of Summons in suit was served on the applicant on or about 17th July, 1969. On 23rd September. 1969, the applicant filed its written statement in the suit. The applicant admits that the time to deposit rent under Section 17 (1) of the West Bengal Premises Tenancy Act expired on 17th August, 1969.

( 5 ) THIS application has been made under Section 17 (2a) of the West Bengal Premises Tenancy Act. 1956, hereinafter referred to as the Act read with Section 5 of the Limitation Act, 1963, because the time to make the said application had expired long ago, in accordance with the provisions of Section 17 (2b) of the West Bengal Premises Tenancy Act, 1956. Thus, the applicant has relied on Section 5 of the Limitation Act, 1963 for condonation of delay in making the said application. Section 17 (2b) of the Act provides as follows:--"17 (2b ). No application for extension of time for the deposit or payment of any amount under Clause (a) of Sub-section (2a) shall be entertained unless it is made before the expiry of the time specified therefor in Sub-section (1), or Sub-section (2), and no application for permission to pay in instalment under Clause (b) of Sub-section (2a) shall be entertained unless it is made before the expiry of the time specified in Sub-section (1) for the deposit or payment of the amount due on account of default in the payment of rent. "

( 6 ) NOW, the time to make payment expired as has been admitted by the applicant itself in paragraph 16 of the petition filed herein on or about 17th August, 1969. This application has been made long after the said date. Section 17 (2b), therefore, lays down a special period of limitation for making applications for leave to pay or deposit rent as required by Section 17 (1) of the said Act. According to the petitioner, in the instant case, Section 17 (1) (c) of the Limitation Act of 1963 applies and this application is not barred by the laws of limitation. The relevant portion of Section 17 (1) (c) of the Limitation Act of 1963 provides as follows:-- "17 (1 ). Where, in the case of any suit o