N.M. Kasliwal and; K. Ramaswamy, JJ.
1. The only question to be considered in this appeal is whether the provisions of Section 5 of the Limitation Act, 1963 can be made applicable to an appeal filed before the appellate authority functioning under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as ‘the Act’). The appellant having lost the case before the small causes court, filed an appeal before the appellate authority. The appeal was barred by limitation by 12 days. The appellant, as such, filed an application under Section 5 of the Limitation Act for condoning the delay. The appellate authority took the view that provisions of Section 5 of the Limitation Act are not applicable in the case as the appellate authority was not a court but only persona designata and as such dismissed the petition for excusing the delay. A revision filed against the said order was dismissed by the High Court. Learned counsel for the appellant submitted that under the provisions of Section 23 of the Act, an appeal can be filed within 15 days from the date of an order passed by the Controller. There is no provision under the Act excluding the provisions of the Limitation Act and as such the High Court was wrong in holding that Section 5 of the Limitation Act would not apply in the present case. Reliance in support of the above contention is placed on Chinna Vaira Thevar v. Vaira Thevar1.
2. Admittedly, there is no specific exclusion of the provisions of Section 5 of the Limitation Act under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Section 29(2) of the Limitation Act clearly provides that where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special or local law.
3. A perusal of the above provision read with Section 5 of the Limitation Act leaves no manner of doubt that the provisions of Section 5 of the Limitation Act will apply to an appeal filed before the appellate authority under Section 23(1)(b) of the Act. It may also be noted that the appellate authority and the High Court had placed reliance on a decision in Easwaran v. Palaniammal2 but this case has been overruled by a subsequent decision of the Division Bench of the High Court in Chinna Vaira Thevar v. Vaira Thevar1.
4. In the result we allow this appeal, set aside the judgment of the High Court as well as of the appellate authority and direct the appellate authority to entertain the application under Section 5 of the Limitation Act and to dispose of the same on merits in accordance with law.
5. Parties to bear their own costs.