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1958 Supreme(Mad) 147

RAJAGOPALAN
K. A. Achuthan Nair – Appellant
Versus
V. M. Kuppa Sah – Respondent


Advocates:
M. Chinnappan Nair, for Petitioner.
N. Nagaraja Rao, for Respondent.

Judgment.-

The only question for determination in this application to revise the order of the appellate Court in proceedings under the Madras Buildings (Lease and Rent Control) Act (XXV of 1949) is whether section 5 of the Limitation Act can be invoked to condone the delay in the presentation of an appeal preferred under section 12 (1) (b) of Act XXV of 1949 after the expiry of the period of 15 days prescribed by that statutory provision. That question was answered in the negative by the lower Appellate Court, which followed the decision of Ramaswami Gounder, J., in Murugesan v. Hajee M.M.S. Hameed Maracayar1. The main endeavour of the learned counsel for the petitioner was to obtain a reference to a Division Bench to consider the decision of Ramaswami Goundar, J.

The answer to the question I have set out above depends on the scope of section 29 (2) of the Limitation Act. That Act XXV of 1949 is a special or local law within the meaning of section 29 (2) of the Limitation Act, and that section 12 (1) (b) of Act XXV of 1949 prescribed a period of limitation for the appeal permitted by that provision could not admit of any doubt. It was equally obvious that no period of limitation was









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