Supreme Court of India · 2010-08-27
OM PRAKASH vs ASHWANI KUMAR BASSI
- Citation / case number
- SC 2008/8291
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH
- Respondent
- ASHWANI KUMAR BASSI
- Author
- ALTAMAS KABIR
- Bench
- A.K. PATNAIK ALTAMAS KABIR
Judgment text excerpt
The Supreme Court held that Section 5 of the Limitation Act, 1963 is applicable in eviction proceedings under the East Punjab Urban Rent Restriction Act, 1949, contrary to the Rent Controller's ruling. The Court emphasized that the procedure under the Presidency Small Causes Courts Act, 1882, including the application of the Code of Civil Procedure, must be followed in eviction cases. The dismissal of the petitioner's application for condonation of delay was overturned, allowing the tenant to contest the eviction petition.