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august 2010

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.

OM PRAKASH vs ASHWANI KUMAR BASSI · Niyam