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1955 Supreme(Mad) 187

RAMASWAMI GOUNDER
P. Murugesan – Appellant
Versus
Hajee M. M. S. Hameed Maracayar – Respondent


Advocates:
O. Radhakrishnan and G.R.S. Chandra Rao for the Petitioner.
A. Dorai Raj for the Respondent.

Judgment

These Revision Petitions are filed against the Orders of the learned Additional Judge of the Madras Small Causes Court functioning as a Court of appeal against the order of eviction passed against the petitioner. The order of eviction was made on 10th January, 1955, and as against that the petitioner the tenant, preferred an appeal on 8th February, 1955. It was alleged by him that he became aware of the order only on 31st January, 1955, when notice of execution proceedings was served upon him. According to him he applied for a copy of the order on 1st February, 1955 and obtained it on 7th February, 1955 and preferred the appeal on 8th February, 1955. Section 12(1)(b) of the Lease and Rent Control Act prescribes that any person aggrieved by the order passed by the Controller may, within 15 days from the date of such order, prefer an appeal in writing to the appellate authority having jurisdiction. The present appeal was not preferred within that period, and there was a delay of six days. So the petitioner filed an application before the appellate authority under section 5 of the Limitation Act to excuse the delay and entertain his appeal. The learned Judge held that as the p





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