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

1975 Supreme(Mad) 297

GOKULAKRISHNAN
S. Ganapathi – Appellant
Versus
N. Kumaraswami – Respondent


Advocates Appeared:
For the Petitioner:K.J. Chandran, Advocate.
For the Respondent:K. Govindarajan for K. Venkataiwomi and A. Sivaji, Advocates.

Judgment :-

1. The tenant is the petitioner herein. The respondent filed R.C.O.P. 559 of 1971, on the file of the First Additional District Munsif (Rent Controller) Madurai, for eviction of the petitioner on the ground of wilful default in the payment of rent. The Rent Controller found that the petitioner herein has committed wilful default in the payment of rents and on that ground, ordered eviction, giving the petitioner herein three months time for vacating the premises, Aggrieved by the decision of the Rent Controller, the petitioner herein presented a civil miscellaneous appeal before the Subordinate Judge of Madurai. Since there was a delay of 16 days in preferring the said appeal against the order of eviction, the petitioner herein filed I.A. 353 of 1973 along with the said appeal, under S. 5 of the Limitation Act, to condone the delay in filing the appeal. Following the principles laid down by this court in the decision reported in Easwaran v. Palaniammal 1974 T.L.N. 380, to the effect that S. 5 of the Limitation Act cannot be invoked by the Rent Controller and the Appellant authority under Act 18 of 1960, since they are not courts, but only personae designatae , the Subordi







































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