Case Note & Summary
The petitioner, Naranji Bhimji Family Trust, challenged an order dated 10.09.2014 passed by the Additional Commissioner, Nagpur Division (Revisional Authority) under Section 44 of the Maharashtra Rent Control Act, 1999, condoning a delay of 639 days in filing a revision against an eviction order dated 28.08.2012 passed by the Competent Authority under Section 43 of the Act. The Revisional Authority had condoned the delay solely on the ground that this Court in Writ Petition No.5967/2013 had directed it to sympathetically consider the claim for condonation. The core legal issue was whether the Revisional Authority had jurisdiction to condone delay beyond 90 days. The High Court examined Section 44 of the Act, which provides for revision by the State Government or an authorized officer against orders of the Competent Authority. The court noted that the section does not prescribe any period of limitation for filing a revision, but the Maharashtra Rent Control Rules, 2000, Rule 18 prescribes a period of 90 days. The court held that since the Act is a special statute, the provisions of the Limitation Act, 1963, including Section 5 for condonation of delay, are not applicable. The Revisional Authority cannot condone delay beyond the prescribed period. The court set aside the order condoning delay and directed the Revisional Authority to decide the revision on merits if filed within 30 days, failing which the eviction order would stand.
Headnote
A) Rent Control - Limitation - Condonation of Delay - Section 44, Maharashtra Rent Control Act, 1999 - The Revisional Authority under Section 44(2) of the Act does not have jurisdiction to condone delay beyond the period of 90 days for filing a revision petition. The court held that the power to condone delay under Section 5 of the Limitation Act, 1963 is not available as the Act is a special statute with a fixed period of limitation. The order condoning delay of 639 days was set aside. (Paras 2-5)
Issue of Consideration
Whether the Revisional Authority under Section 44 of the Maharashtra Rent Control Act, 1999 has jurisdiction to condone delay beyond the period of 90 days.
Final Decision
The High Court allowed the writ petition, set aside the order dated 10.09.2014 condoning delay, and directed the Revisional Authority to decide the revision on merits if filed within 30 days from the date of the order, failing which the eviction order shall stand.
Law Points
- Limitation
- Condonation of delay
- Revision
- Jurisdiction
- Maharashtra Rent Control Act
- 1999
- Section 44
- Section 5 of Limitation Act
- 1963
