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Saturday, September 4, 2010

BREAKING NEWS - - East Punjab Urban Rent Restriction Act, 1949 - - Limitation Act not applicable to proceedings under Section 13 B r/w Section 18-A(2)- - for condoning the delay in filing an application for leave to contest the eviction petition.

SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION (CIVIL) No.24430 OF 2008

Om Prakash
Vs.
Ashwani Kumar Bassi

Date of Decision 27.08.2010

East Punjab Urban Rent Restriction Act, 1949.

Section 13-B is a power given to a Non-Resident Indian owner of a building to obtain immediate possession of a residential building or scheduled building when required for his or her use or for the use of any one ordinarily living with and dependent on him or her. The right has been limited to one application only during the life time of the owner. Section 18-A(2) of the aforesaid Act provides that after an application under Section 13-B is received, the Controller shall issue summons for service on the tenant in the form specified in Schedule II. The said form indicates that within 15 days of service of the summons the tenant is required to appear before the Controller and apply for leave to contest the same. There is no specific provision to vest the Rent Controller with authority to extend the time for making of such affidavit and the application. The Rent Controller being a creature of statute can only act in terms of the powers vested in him by statute and cannot, therefore, entertain an application under Section 5 of the Limitation Act for condonation of delay since the statute does not vest him with such power.
In such case, neither the Rent Controller nor the High Court had committed any error of law in rejecting the Petitioner’s application for seeking leave to contest the suit, since the same had been filed beyond the period prescribed in the form in Schedule II of the Act referred to in Section 18-A(2) thereof.