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2024 Supreme(Online)(DEL) 28327

HIGH COURT OF DELHI
Girish Kathpalia, J
KISHAN YADAV – Appellant
Versus
BHAJU RAM YADAV – Respondent
RC.REV. 95/2017



Advocates:
PRAMOD KUMAR

The court ruled that the three-year limitation period under Article 137 of the Limitation Act applies to revision petitions under the Delhi Rent Control Act, negating the need for delay condonation.

Headnote:(A) Delhi Rent Control Act - Proviso to Section 25B(8) - Limitation Act - Article 137 - Condonation of delay in filing revision petition - Petitioner sought to condone a delay of 183 days, attributed to counsel's laxity; however, the court found no delay as the applicable limitation period is three years - Application disposed of. (Paras 1, 2)

(B) Repairing of premises - No legal provision cited by petitioner for directing repairs to the premises, leading to dismissal of the application. (Paras 3)

(C) Use and occupation charges - Lack of reliable material from both parties for estimating charges, allowing opportunity to file material. (Paras 4)

Findings of Court:
The court determined that the delay in filing the revision petition was not applicable due to the three-year limitation period.

Issues: The main issues included the justification for the delay in filing the revision petition and the legal basis for ordering repairs to the premises.

Ratio Decidendi: The court emphasized that the limitation period under Article 137 of the Limitation Act applies, and without a legal basis, the application for repairs cannot be granted.

Result: Applications disposed of and dismissed.

ORDER

% 18.03.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 8116/2017 (delay of 183 days in filing)

1. By way of this application, petitioner/tenant seeks condonation of delay of 183 days in filing the revision petition. The delay is largely explained on the ground of laxity on the part of trial court counsel, who did not obtain the certified copies in time. This application is opposed by learned counsel for respondent/landlord on the ground that there is no reasonable explanation.

2. The fact remains that by way of this petition under proviso to Section 25B(8) of the Delhi Rent Control Act filed on 25.02.2017, the order impugned is dated 11.08.2016. In view of law laid down in the case reported as 1981 RLR 152 , the period of limitation applicable to these petitions is of three years under Article 137 of the Schedule to the Limitation Act . That being so, there is no delay in filing this petition, so the application is disposed of.

CM APPL. 40197/2023 (permission for repairing the roof/house)

3. Despite repeated queries, counsel for petitioner/tenant is unable to disclose any provision of law under which such relief of directions to the present respondent to get the roof of the subject premises repaired can be passed ignoring the existence of Section 45 of the Delhi Rent Control Act .

The application is dismissed.

CM APPL. 67035/2023 (use and occupation charges)

4. Neither side has filed any reliable material on the basis whereof the use and occupation charges can be estimated in an objective manner.

Counsel for both sides seek and are allowed opportunity to file some such material within four weeks.

5. Relist on 18.07.2024.

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