1995 (7) TMI 369 - SC - VAT and Sales Tax

Whether the appellate authority constituted under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 has power to condone the delay in the filing of appeal before it under the said section? Held that - Appeal allowed. Appellate authority constituted under Section 18 of the Kerala Rent Act, 1965 functions as a court and the period of limitation prescribed therein under Section 18 governing appeals by aggrieved parties will be computed keeping in view the provisions of Sections 4 to 24 of the Limitation Act, 1963 such proceedings will attract Section 29(2) of the Limitation Act and consequently Section 5 of the Limitation Act would also be applicable to such proceedings. Appellate authority will have ample jurisdiction to consider the question whether delay in filing such appeals could be condoned on sufficient cause being made out by the concerned applicant for the delay in filing such appeals. The decision rendered by the High Court in the present case as well as by the appellate authority taking contrary view are quashed and set aside. The proceedings are remanded to the court of the appellate authority, that is, District Judge, Thalassery. Rent Control Appeal No.9/94 filed before the said authority by the appellant is restored to its file with a direction that the appellate authority shall consider I.A.56/94 filed by the applicant for condonation of delay on its own merits and then proceed further in accordance with law

Issues Involved:
1. Whether the appellate authority under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 has the power to condone the delay in filing an appeal.
2. Whether the appellate authority functions as a persona designata or as a court.
3. Applicability of Section 29(2) of the Limitation Act, 1963 to appeals under Section 18 of the Rent Act.
4. Interpretation of relevant statutory provisions and their interplay with the Limitation Act.

Issue-wise Analysis:

1. Power to Condon the Delay:
The Supreme Court examined whether the appellate authority under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the "Rent Act") has the power to condone the delay in filing an appeal. The appellant's appeal was dismissed as time-barred by the appellate authority, which held it had no power to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court concluded that Section 29(2) of the Limitation Act applies to the Rent Act, thereby allowing the appellate authority to use Section 5 of the Limitation Act to condone delays.

2. Persona Designata vs. Court:
The Court analyzed whether the appellate authority under the Rent Act is a persona designata or functions as a court. It was argued that the appellate authority, being the District Judge, is not a persona designata but functions as a court. The Court agreed, noting that the appellate authority is constituted by designation and not as a named individual. This means that the authority is part of a class of officers (District Judges) and not a specific person, thereby functioning as a court.

3. Applicability of Section 29(2) of the Limitation Act:
The Supreme Court examined the conditions under Section 29(2) of the Limitation Act, which allows the provisions of Sections 4 to 24 of the Limitation Act to apply to periods of limitation prescribed by special or local laws unless expressly excluded. The Court found that the Rent Act prescribes a different period of limitation for appeals, satisfying the conditions for Section 29(2) to apply. Consequently, Section 5 of the Limitation Act, which allows for the condonation of delay, is applicable to appeals under Section 18 of the Rent Act.

4. Interpretation of Relevant Statutory Provisions:
The Court reviewed various sections of the Rent Act and the Limitation Act to determine their interplay. It was noted that the Rent Act does not expressly exclude the application of Section 5 of the Limitation Act. The Court also referred to the legislative history and changes in the Limitation Act from 1908 to 1963, emphasizing that the current Section 29(2) includes Section 5 unless expressly excluded by the special law. The Court concluded that the appellate authority under the Rent Act has the jurisdiction to condone delays in filing appeals.

Conclusion:
The Supreme Court set aside the decisions of the High Court and the appellate authority, which had dismissed the appeal as time-barred. The case was remanded to the appellate authority (District Judge, Thalassery) to consider the application for condonation of delay on its merits. The appeal was allowed with no order as to costs.

← Previous Next →