Kerala High Court: A. Hariprasad J., while hearing a revision petition, set aside the order passed by the Rent Control Appellate Authority, Kozhikode on the application filed under Section 5 of the Limitation Act and remitted the matter to be considered on merits as expeditiously as possible.
Revision petitioner (tenant) was sought to be evicted in RCP No. 80 of 2014 before the Rent Control Court, Kozhikode. The tenant was set ex parte in the proceedings. He filed an application for setting aside the ex parte order of eviction with a petition under Section 5 of the Limitation Act to condone delay of 145 days. The said application was dismissed by the Rent Control Court, finding that there is no sufficient cause to condone the delay. Thereafter, the tenant approached the Rent Control Court Appellate Authority, Kozhikode, with RCA No. 146 of 2017. The Rent Control Appellate Authority referring to some precedents, held that the Rent Control Court has no power to condone the delay by invoking Section 5 of the Limitation Act.
The Court herein referred to the judgment pronounced by the Full Bench in Faisal v. Vikas Chacko, 2020(6) KLT 722, wherein it was found that the Rent Control Court is having power under Section 5 of the Limitation Act to condone delay, if sufficient cause was shown. Placing reliance on the same, Court set aside the order by the appellate authority and directed for time-bound disposal.[K.K. Hamsa v. Athikottu, 2021 SCC OnLine Ker 383, decided on 22-01-2021]
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