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M/S Gopi Chand Mukesh Chand vs Komal Kumar on 12 January, 2011

Learned counsel for the petitioner has vehemently argued that the learned Rent Controller has committed an error in dismissing the application on the ground that it has been filed beyond the period of 30 days as provided under Article 123 of the Indian Limitation Act, 1963. He has relied upon a decision of this Court rendered in the case of Sohan Lal Vs. Smt. Parkash Kaur and others, 2009(1) RLR 57 to contend that the Rent Controller is a persona designata and is not a Court and as such, the provisions of the Limitation Act are not applicable to the proceedings before the Rent Controller. It is also CR No.166 of 2011 (O&M) -6- ****** submitted that the landlord had filed three more ejectment petitions, in which the petitioner had tendered the rent and they were ultimately not pressed by the landlord.
Punjab-Haryana High Court Cites 4 - Cited by 0 - R K Jain - Full Document

Kirpal Singh @ Pintu @ Gurpal Singh vs Sarup Singh on 29 May, 2018

Another submission made by counsel is that the petitioner was served through affixation and munadi but the process server who effected munadi was not examined, therefore, the respondent failed to adduce sufficient evidence that petitioner was served by way of munadi and affixation. The Court below has failed to appreciate in right perspective that since the petitioner was not duly served in the case and learnt about ejectment order a day before filing of the application for setting aside ex 2 of 5 ::: Downloaded on - 11-06-2018 07:38:36 ::: CR No. 3040 of 2013(O&M) -3- parte order when bailiff of the court had gone to the spot for delivery of possession in execution of warrants issued by the court concerned, limitation for filing application for setting aside ex parte eviction order shall commence from the date of knowledge and as application was filed within a period of 30 days from the date of knowledge, the same is clearly within limitation. In the alternative, it has been argued that as a matter of fact, the provisions of the Limitation Act are not applicable to the proceedings before the Rent Controller, a Fora created with limited jurisdiction to decide cases under the Rent Act. For this purpose, he has relied upon judgment of this court Sohan Lal vs. Smt. Parkash Kaur and others, 2009(1) RCR (Rent) 171.
Punjab-Haryana High Court Cites 5 - Cited by 0 - R Mittal - Full Document
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