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2017 Supreme(Raj) 850

ALOK SHARMA
Tarachand Kumawat S/o Madanlal Kumawat – Appellant
Versus
Digambar Jain Bada Mandir, Sikar – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.D.S. Naruka.

JUDGMENT :

Alok Sharma, J.

1. Heard counsel for the petitioner and perused the impugned judgment dated 7.2.2014, passed by the Appellate Rent Tribunal Sikar (hereinafter the Appellate Tribunal) whereby the petitioner's application under Section 5 of the Limitation Act accompanying his appeal against the judgment and certificate of possession dated 4.1.2010 passed by the Rent Tribunal Sikar has been dismissed.

2. Admittedly, the certificate of possession under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter the Act of 2001) was issued in favour of the respondent-landlord on 4.1.2010. In terms of Section 19(6) of the Act of 2001 an appeal against the judgment and certificate of possession has to be filed within sixty days. In the instant case the petitioner tenant after belatedly obtaining certified copy of the judgment and certificate of possession on 8.11.2010, filed an appeal before the Appellate Tribunal on 6.12.2010. Also filed was an application under Section 5 of the Limitation Act for condonation of delay. The Appellate Rent Tribunal held that from the case set up by the tenant in his application for condonation of delay no sufficient cause was made out for not fi








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