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july 1995

Supreme Court of India · 1995-07-12

MUKRI GOPALAN vs CHEPPILAT PUTHANPURYIL ABOOBACKER

Citation / case number
SC 1994/17239
Court
Supreme Court of India
Petitioner
MUKRI GOPALAN
Respondent
CHEPPILAT PUTHANPURYIL ABOOBACKER
Author
MAJMUDAR S.B.
Bench
MAJMUDAR S.B.

Judgment text excerpt

The Supreme Court held that the appellate authority under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 does not possess the power to condone delays in filing appeals, as it is not a court but a persona designata. The Court distinguished the case from the Kerala High Court's previous ruling in Jokkim Fernandez Vs. Amina Kunhi Umma, affirming that the provisions of Section 5 of the Limitation Act, 1963 cannot be invoked by the appellate authority. Consequently, the appeal was dismissed as time-barred, upholding the lower court's decision.

MUKRI GOPALAN vs CHEPPILAT PUTHANPURYIL ABOOBACKER · Niyam