ORDER :- This matter has come before the Bench on a reference by Ratnam J. on account of conflicting views expressed in the judgments of single Judges, namely, by Balasubrahmanyam J, in Venkalmorban v. Dakshinamurthy, C.R.P. 1667 of 1978*: by N.S. Ramaswami J. in J. Eswaran v. Palaniammal, 1974 TNLJ 380 and by Gokulakrishnan J. (as he then was) in S. Ganapathi v. Kumaraswami. (1975) 2 Mad LJ 171: (AIR 1975 Mad 383) on the important question whether S.5 of the Limitation Act, 1963 applies to appeals preferred under S.23 (1) (b) of the Tamil Nadu Buildings (Lease and Rent control) Act, 18 of 1960, as amended by Act 23 of 1973.

* Reported in (1981) 1 Mad LJ 275.

2. The first respondent herein obtained an order of eviction against the petitioner and his wife, who is the second respondent herein in RCOP 18 of 1979 on the file of the Rent Controller (District Munsif, Sirkali). The eviction order was passed on 11-4-1980. The petitioner filed an appeal against the said order before the appellate authority (Sub Court, Mayuram) on 18-6-1980 after a delay of 28 days. The petitioner filed I.A. 458 of 1980 under Section 5 of the Limitation Act, for condoning the delay of 28 days. The fir