SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Ker) 361

A.HARIPRASAD, T.V.ANILKUMAR
G. Gopakumar S/o Govindapillai – Appellant
Versus
Ancy Thankachan Philip W/o Anson K. J. – Respondent


Advocates Appeared:
For the Appellants : K.G. Bindu, Smt. S. Maya.
For the Respondents: Smt. Aysha Youseff, Smt. Fashiya Youseff, Smt. M. Kabani Dinesh, Smt. Molly Jacob, Sri. C.M. Ebrahim, Sri. Jobi. A. Thampi.

ORDER :

1. The cardinal question commonly arising in the captioned cases is whether the Appellate Authority, constituted under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, the Act) has power to condone delay in filing an appeal by invoking Section 5 of the Limitation Act, 1963 (in short, the Limitation Act). A similar doubt raised earlier had been dispelled when the Supreme Court pronounced a judgment in Mukri Gopalan vs. Cheppilat Puthanpurayil Aboobacker, AIR 1995 SC 2272. But, now it appears that the doubt has resurrected in the minds of some learned Judges who disposed of the appeals involved in these cases on the basis of a pronouncement by a Division Bench of this Court in Ratheesh vs. A.M. Chacko and Another, 2018 (5) KHC 35, which in turn relied on M.P. Steel Corporation vs. Commissioner of Central Excise, 2015 (7) SCC 58.

2. Heard the learned counsel for the revision petitioners and contesting respondents.

3. We shall narrate the relevant facts in brief: R.C.R. No. 262 of 2019 is filed by the tenants/respondents in R.C.P. No. 8 of 2014 before the Rent Control Court, Adoor, who suffered an order of eviction under Section 11(3) of the Act. Th




















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top