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SUJOY PAUL
Bharat Petroleum Corporation Limited – Appellant
Versus
Palladium Real Estate and Developers LLP – Respondent
ORDER :
Sujoy Paul, J.
This petition filed under Article 227 of the Constitution impugns the order dated 02.07.2024 passed in I.A.No.41 of 2024 in R.C.No.17 of 2022, whereby the application filed by the petitioner/tenant under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 64 days was rejected by the Principal Rent Controller at Secunderabad (Authority).
2. In short, admitted facts between the parties are that the main rent control case in R.C.No.17 of 2022 was filed by the respondent/landlord before the learned Authority. Upon receiving notice, the tenant appeared and filed an application under Order VII Rule 11 of CPC for rejection of the said rent control case on the ground that the schedule property was a vacant land and not building and hence, the rent control case is not maintainable. The learned Authority by order dated 10.04.2023 rejected the plaint.
3. Aggrieved by the aforesaid order dated 10.04.2023, the landlord preferred C.R.P.No.1561 of 2023, which was decided on 05.01.2024. This Court set aside the order dated 10.04.2023. The contention of the learned Senior Counsel for the petitioner/tenant is that the order dated 05.01.2024 passed by this Court
A justice-oriented approach must be adopted in condoning delays, focusing on 'sufficient cause' rather than hyper-technical grounds.
Point of law : order passed by the Rent Control Appellate Authority, on an application for condonation of delay filed under Section 5 of the Limitation Act, should give brief reasons for arriving at ....
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The court established that under the Maharashtra Tenancy and Agricultural Lands Act, 1948, a landlord must follow specific procedures for terminating a tenancy due to non-payment of rent, and tenants....
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
The main legal point established in the judgment is the mandatory nature of the provisions of Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability of Section 5 of the Limi....
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
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