Holding

The appellate authority under Section 18 of the Kerala Buildings (Lease & Rent Control) Act, 1965 functions as a court, not a persona designata; therefore Section 29(2) of the Limitation Act, 1963 applies, bringing Section 5 into force and permitting condonation of delay.

Summary

The tenant Mukrigopalan appealed an eviction order of the Rent Control Court under the Kerala Buildings (Lease & Rent Control) Act, 1965. The appeal was filed after the statutory 30‑day period, and the District Judge acting as appellate authority dismissed it as time‑barred, holding that he was a "persona designata" and could not invoke Section 5 of the Limitation Act, 1963 to condone the delay. The Supreme Court examined whether the appellate authority under Section 18 of the Act is a court or a persona designata and whether Section 29(2) of the Limitation Act applies to such appeals. It held that the authority is a court, not a persona designata, so Section 29(2) attracts the machinery of Sections 4‑24 of the Limitation Act, including Section 5, allowing condonation of delay. Consequently, the High Court’s order and the appellate authority’s dismissal were set aside and the appeal was restored for consideration of the condonation application.

Issues considered

Whether the appellate authority constituted under Section 18 of the Kerala Buildings (Lease & Rent Control) Act, 1965 is a "persona designata" or a court for the purposes of the Limitation Act, 1963.
Whether Section 29(2) of the Limitation Act, 1963 applies to appeals filed under Section 18 of the Kerala Rent Act.
Whether Section 5 of the Limitation Act, 1963 can be invoked by the appellate authority to condone delay in filing the appeal.
Whether the appellate authority has jurisdiction to entertain an application for condonation of delay.

Legislation cited

Code of Civil Procedure, 1908
Kerala Buildings (Lease & Rent Control) Act, 1965s. 11, s. 18, s. 20, s. 22, s. 23
Limitation Act, 1963s. 29(2), s. 3, s. 4-24, s. 5

Subjects

persona designataappellate authorityKerala Rent ActLimitation Actcondonation of delaySection 29(2)court vs tribunalevictionlease and rent control

Judgment

MUKRIGOPALAN A
v.
CHEPPILAT PUTHANPURAYIL ABOOBACKER

JULY 12, 1995

[FAIZAN UDDIN AND S.B. MAJMUDAR, JJ.] B

Kera/a Building (Lease and Rent Control) Act, 1965: Section 18-Ap-
peal-District Judge with the power of Appellate Authority-Whether persona
designata-Whether delay in filing appeal can be condoned by it-Scope of.
c
Limitation Act, 1963-Section 29(2)-Application of-Computing the
period of limitation under special or local law-If conditions laid down
satisfied-Procedural scheme contemplated by sections 4 to 24.

Words & Phrases:
D
(i) "Persona Designata''-Meaning of.

(ii) ''.An Authority as a Court''-Meaning of.

The Respondent filed eviction petition before Rent Control Court,
Kannur, under section 11(2)(a) and 11(3) of the Kerala Building (Lease E
& Rent Control) Act, 1965 on the grounds of default in payment of rent
and bonafide requirement and the Rent Control Court passed an order
for possession against the appellant. The time for filing appeal elapsed.
Appellate filed appeal under section 18 of the Act with the application for
condonation of delay. The appellate authority dismissed the appeal as
barred by time and obseM'ed that being not a court but a persona desig-
F
nata it has no power to condone the delay in filing appeal by invoking the
provisions contained in Section 5 of the Limitation Act, 1963.

The order of the appellate authority was confirmed by the High
Court in Civil Revision Petition. Hence this appeal. G
Allowing the appeal and remanding the matter to the Court of the
r Appellate Authority, this Court

HELD : 1. An authority can be styled to be persona if powers are
conferred on a named person or authority and such powers cannot be H
1
2 SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R.

A exercised by anyone else. The scheme of Kerala Rent Act contra indicates
appellate authority to be a persona designata. The appellate authority
constituted under Section 18(1) has to decide lis between parties. Such an
authority is constituted by designation as the District Judge of the district
having jurisdiction over the area over which the said Act has been ex-
tended. It becomes obvious that even though the concerned District Judge
B might retire or get transferred or may otherwise cease to hold the office of
the District Judge his successor in office can pick up the thread of the
proceedings from the stage where it was left by his predecessor and can
function as an appellate authority under Section 18."If the District Judge
was constituted as an appellate authority being a persona designata or as
c a named person being the appellate authority as assumed in the present
case, such a consequence on the scheme of the Act would not follow.
District Judge appointed as appellate authority under the provisions of
Kerala Rent Act, they constituted a class and cannot be considered to be
persona designata. [11-A-D, 12-A]
D Central Talkies Ltd., Kanpur v. Dwarka Prasad, AIR (1961) SC 606,
relied on.

Thakur Jugal Kishore Sinha v. Sitamarhi Central Co-operative Bank
Ltd. & Anr., [1967] 3 SCR 163, relied on.
E
Plllthasaradlti Naidu v. Koteswara Rao, ILR (1924) 47 Mad 369, cited.

2. In order to constitute a court in the strict sense of the term, an
essential condition is that the court should have, apart from having some of
the trapping of a judicial tribunal, power to give a decision or a definitive
F judgment; to decide disputes in a judicial manner and declare the rights of
parties in a definitive judgment; to decide the matter on a consideration of
the evidence adduced and in accordance with law. These are the essential
trappings to constitute an authority as a court. [12-G, 13-C]

G Brajnandan Sinha v. Jyoti Narain, [1955] 2 SCR 955;Thakur Jugal
Ki,sltore Sinha v. Sitamarlti Central Coop. Bank Ltd., [1967] 3 SCR 163 and
Virindar Kumar Satyawadi v. The State of Punjab, [1955] 2 SCR 1013, relied
on.

3.1. The following two requirements have to be satisfied by the
H authority invoking the provisions containing sections 4 to 24 of the Limita-
MUKRIGOPALAN v. C.P.ABOOBACKER 3

tion Act: A
(i) There must be a provision for period of limitation under any
special or local law in connection with any suit, appeal or application.

(ii) The said prescription of period of limitation under such special
or local law should be different from the period prescribed by the schedule B
to the Limitation Act. [14-A-B]

If the aforesaid two requirements are satisfied the consequences
contemplated by Section 29(2) would automatically follow. These conse-
quences are as under: [14-C]
c
(I) In such a case Section 3 of the Limitation Act would apply as if
the period prescribed by the special or local law was the period prescribed
by the schedule. [14-D]

(II) For determining any period of limitation prescribed by such D
special or local law for a suit, appeal or application all the provisions
containing Section 4 to 24 (inclusive) would apply in so far as and to the
extent to which they are not expressly excluded by such special or local law.
[14-D]
3.2. Under the first schedule of the Limitation Act all appeals can be
filed at any time, but the special law by limiting it provides for a different E
period for it to be filed within time. Section 29(2) of Limitation Act would
apply to a case where a difference between the special law and Limitation
Act arose by the omission to provide for limitation to a particular proceed-
ing under the Limitation Act. Section S would not have applied to appellate
authority constituted under section 18 as section S would not get attracted F
as per the then existing Section 29(2) of Indian Limitation Act, 1908 which
did not include section S as one of the provisions to be applied to such
special or local laws. (After repealing of Indian Limitation Act 1908 and its
replacements by the present Limitation Act 1963 a fundamental change was
made in Section 29(2). On a conjoint reading of Section 29(2) of Limitation G
Act, 1963 and section 18 of the Rent Act of 1965, provisions of section S
would automatically get attracted to those proceedings, as there is nothing
in the Rent Act of 1965 expressly excluding the applicability of section S of
the Limitation Act to appeals under section 18 of the Rent Act. The express
language of Section 29(2) clearly indicates that such special or local law
must provide for period of limitation for suit, appeal or application enter· H
4 SUPREME COURT REPORTS [1995] SUPP.2S.C.R. y

A tainable under such laws and for computing period oflimitation under such
special or local law the Legislature has made available the machinery of
Sections 4 to 24 inclusive as found in Limitation Act. Nowhere it is indicated
that as per Section 29(2) the courts functioning under such special or local
law must be governed whole hog by Civil Procedure Code of section 29(2) of
the Limitation Act applies for computing periods of limitation prescribed
B by local or special law even though the authority before which such proceed-
ing may be filed under the local or special law many not be fGll-fledged civil
courts. Section 29(2) gets attracted for computing the period of limitation
for any suit, appeal or application to be filed before authorities under
special or local law if the conditions laid down in the said provision are
c satisfied and once they get satisfied the provisions contained in Sections 4
to 24 shall apply to such proceedings meaning thereby the procedural
scheme contemplated by these sections of the Limitation Act would get
telescoped into such provisions of special or local law. It amounts to a
legislative shorthand. [15-B-C, 16-H, 17-A, C, F, 18-E-F, 25-H, 26-A-B]
D 33. Limitation Act governs the period of limitation prescribed for
suit, appeal or application under the schedule and the schedule to the
Limitation Act which consists of different divisions relates to proceedings
· which are to be filed before full-fledged civil or criminal courts as the case
may be. [20-E-F]
E
Vidyacharan Shukla v. Khubchand Baghel & Ors., AIR (1964) s.c:
1099, relied on

Jokkim Femadez v. Amina Kunni Umma, AIR (1974) Kerala 162
(Minority approved, ·majority overruled) and Town Municipal Council,
F Athani v. Presiding Officer, Labour Court, Hubli & Ors., [1970) 1 SCR 51,
distinguished.

Sha Mulchand & Co. Ltd. v. Jawahar Mills Ltd., [1953] SCR 351, cited.

G Bombay Gas Co. v. Gopal Bhiva, [1964] 3 SCR 709, 722-723, cited.

Nityananda M. Joshi & Ors. v. Life Insurance Corporation of India &
Ors., [1971) 1 SCR 396, distinguished.

Kerala State Electricity Board, Trivandmm v. T.P.KK Amsom and
H Besom, Kera/a, [1977) 1 SCR 996, distinguished.
MUKRI.GOPALAN v. C.P.ABOOBACKER[MAJMUDAR,J.] 5

17ie Commissioner of Sales Tax, Uttar Pradesh, Lucknow v. Parson A
Tools and Plants, Kanpur, (1975) 3 SCR 743, distinguished.

Commissioner of Sales Tax, U.P. v. Madan Lal Dan & Sons, Bareilly,
[1977) 1 S.C.R. 683, relied on.

Rethinasamy v.Komalavalli &Anr., AIR (1983) Madras 45, approved. B
G. Bulliswamy v. C. Annapumamma, AIR (1976) AP 270, approved.

Vidya Devi, widow of Ramji Das v. Finn Madan Lal Prem Kumar, AIR
(1971) P&H 150, approved.
c
Sahkari Ganna Vikas Samiti Ltd. v. Mahabir Sugar Mills (P) Ltd.,
[1981) 4 sec 158, relied on.

4.1. Appellate Authority constituted under Section 18 of the Kerala
Rent Act, 1965 functions as a court and the period of limitation prescribed
tlierein under section 18 governing appeals by aggrieved parties will be D
computed keeping in view the provisions of Sections 4 to 24 of the Limita·
tion Act, 1963 such proceedings will attract Section 29(2) of the Limitation
Act and consequently Section S of the Limitation Act would also be
applicable to such proceedings. [27-B-CJ
E
4.2. Appellate authority will have ample jurisdiction to consider the
question whether delay in filing such appeals could be condoned on
sufficient cause being made out by the concerned applicant for the delay
in filing such appeals. (27-C]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1305 of F
1995.

From the Judgment and Order dated 22.7.94 of the Kerala High
Court in C.R.P.No. 2633 of 1994-G.

G.V. Iyer, G. Prakash and B.V. Deepak for the Appellant. G
R.F. Nariman and E.M.S. Anam for the Respondent.

The Judgment of the Court was delivered by

MAJMUDAR, J. In this appeal by special leave a short but an H
6 SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R.

A interesting question falls for determination. It is to the effect 'whether the
appellate authority constituted under Section 18 of the Kerala Buildings
(Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Rent
Act') has power to condone the delay in the filing of appeal before it under
the said section'. Majority of the Kerala High Court in the case of Jokkim
Femandez v. Amina Kunni Umma, AIR (1974) Kerala 162 has taken the
B view that the appellate authority has no such power. Following the said
decision a Division Bench of the Kerala High Court by its judgment and
order under appeal has dismissed the revision application moved by the
appellant herein whose appeal before the appellate authority was dismissed
as time barred and the application fox: condonation of delay was treated to
c be not maintainable before the appellate authority.

A few relevant facts leadings to these proceedings may now be
looked at. The appellant is a tenant occupying the suit premises belonging
to respondent-landlord. The respondent filed Rent Control Petition No.
D 117/92 before the Rent Control Court, Kannur, Kerala State, 'seeking
eviction of the appellant-tenant under Section 11(2)(a)(b) and Section
11(3) of the Rent Act on the grounds of default in payment of rent and
bonafide need for· the purpose of conducting grocery shop for his son,
plaintiff no. 2. The Rent Control Court exercising its power under Section
11 of the Rent Act, passed an order for possession against the appellant
E, on 28th October, 1993. The appellant applied for certified copy of the said
order on 29.10.93. He obtained certified copy of the order on 23.11.93. It
is the case of the appellant that he entrusted on 4.12.93 all the relevant
papers to his counsel for filing appeal. His counsel called him in the next
following week for signing vakalatnama and. for completing other for-
F malities relating to filing of appeal. It is the further case of the appellant
that he suffered paralytic attack on 5.12.93 and was bed ridden until
27.12.93. On 28.12.93 he came to know for the first time from his counsel
that the time for filing appeal had elapsed. It may be noted at this stage
that as per Section 18(1)(b) of the Rent Act an appeal has to be filed within
thirty days from the date of order of Rent Control Court. In computing
G thirty days, the time taken to obtain a certified copy of the order appealed
against has to be excluded. Ultimately the appeal was filed by the appellant
on 31.12.93 before the appellate authority, namely, District Judge, Thalas- 'f
sery under Section 18 of the Act. The said appeal was also accompanied
by I.A.No. 56/94 for condonation of delay supported by the affidavit of the
H appellant. The appellate authority by its order dated 11th January, 1994
MUKRIGOPALAN v. C.P.ABOOBACKER[MATMUDAR,J.] 7
.., y

dismissed the appeal as barred by time. The appellate authority took the A
view that being not a court but a persona designata it has no power to
condone the delay in filing appeal by invoking the provisions contained in
Section 5 of the Limitation Act, 1963. As noted earlier the said order of
the appellate authority was confirmed by the High Court in Civil Revision
Petition moved by the appellant and that is how the appellant is before us.
B
The learned counsel for appellant-tenant vehemently contended that
the majority view of Kerala High Court in Jokkim Femandez v. Amina
Kun/ti Umma (supra) to the effect that Section 29(2) of the Limitation Act
cannot apply to the proceeding before the appellate authority under Sec-
tion 18 of the Rent Act was not correct and that the appellate authority C
had full powers under Section 29(2) of the Limitation Act to consider on
merits the question of condonation of delay in filing appeal as per Section
5 of the Limitation Act. The learned counsel for respondent-landlord on
the other hand supported the decision rendered by the High Court.
D
Before we deal with the majority decision of the Kerala High Court
in Jokkim Femandez v. Amina Kunhi Umma (supra) it is necessary to note
the relevant statutory provisions in the light of which the present controver-
sy has to be resolved. The Rent Act is enacted to regulate the leasing of
buildings and to control the rent of buildings in the State of Kerala. Section
2(5) defines 'Rent Control Court' to mean the court constituted under E
Section 3. Section 3 of the Rent Act provides that the Government may by
notification appoint a person who is or is qualified to be appointed a
Munsiff, to be the Rent Control Court for such local areas. Section 5 of
the Act deals with the determination of fair rent on application of the
tenant or landlord to the Rent Control Court. Section 11 deals with the F
grounds on which an application can be made to the Rent Control Court
by landlord for evicting his or her tenant. Proviso of Section 11 lays down
that where the tenant denies the title of the landlord or claims right of
:
permanent tenancy, the Rent Control Court shall decide whether the denial
or claim is bona fide and if it records a finding to that effect, the landlord G
shall be entitled to sue for eviction of the tenant in a Civil Court and such
court may pass a decree for eviction on any of the grounds mentioned in
r this Section, notwithstanding that the court finds such denial does not
involve forfeiture of the lease or that the claim is unfounded. Section 14
deals with execution of orders passed by Rent Control Court. It provides
that such orders after the expiry of the time allowed therein be executed H
8 SUPREME COURT REPORTS (1995] SUPP. 2 S.C.R.

A by the Munsiff or if there are more than one Munsiff, by the Principal
Munsiff having original jurisdiction over the area in which the building is
situated as if it were a decree passed by him provided that an order passed
in execution under this section shall not be subject to an appeal but shall
be subject to revision by the court to which appeals ordinarily lie against
the decisions of the said Munsiff. Section 16 lays down that the orders of
B Rent Control Court shall be pronounced in the open court on the day on
which the case is finally heard, or on some future day of which due notice
shall be given to the parties. Next relevant provision is found in Section 18
dealing with appeals. As the controversy centers round the powers of the
appellate authority under Section 18 it will be useful to extract the said
C Section in extensio at this stage.

"18. Appeal. - (l)(a). The Government may, by general or special
order notified in the Gazette, confer on such officers and
authorities not below the rank of a Subordinate Judge the powers
of appellate authorities for the purpose of this Act in such areas
D or in such classes of cases as may be specified in the order.

(b) Any person aggrieved by an order passed by the Rent Control
Court, may, within thirty days from the date of such order, prefer
an appeal in writing to the appellate authority having jurisdiction.
E In computing the thirty days aforesaid, the time taken to obtain a
certified copy of the order appealed against shall be excluded.

(2) On such ;:ippeal being preferred, the appellate authodty may
order stay of further proceedings in the matter pending decision
F on the appeal.

(3) The appellate authority shall send for the records of the case
from the Rent Control Court and after giving the parties an
opportunity of being heard and, if necessary, after making such
further inquiry as it thinks fit either directly or through the Rent
G Control Court, shall decide the appeal.

Explanation :- The appellate authority may, while confirming
the order of eviction passed by the Rent Control Court, grant an
extension of time to the tenant for putting the landlord in posses-
H sion of the building.
MU:KRI GOP ALAN v. C.P. ABOOBACKER [MAJMUDAR,J.) 9
~"'
(4) The appellate authority shall have all the powers of the Rent A
Control Court including the fixing of arrears of rent.

~ .. . (5) The decision of the appellate authority, and subject to such
decision, an order of the Rent Control Court shall be final and
shall not be liable to the called in question in any court of law,
B
except as provided in Section 20."

Section 19 deals with power to award costs. It lays down that subject
to such conditions and limitations, if any, as may be prescribed, the cost of
and incident to all proceedings before the Rent Control Court or the
appellate authority shall be in the discretion of the Rent Control Court or c
the appellate authority. Section 20 deals with revision. It lays down that in
cases where the appellate authority empowered under Section 18 is a
Subordinate Judge, the District Judge and in other cases the High Court
may at any time, on the application of any aggrieved party, call for and
. examine the records relating to any order passed or proceedings taken D
under this Act by such authority for the purpose of satisfying itself as to
the legality, regulatory or propriety of such order proceedings, and may
pass such order in reference thereto as it thinks fit. Section 20(A) gives
power to remand the proceedings and provides that in disposing of an
appeal or application for revision under this Act, the appellate authority
or the revising authority, as the case may be, may remand the case for fresh E
disposal according to such directions as it may give. Section 22 deals with
proceedings by or against legal representatives. As per the said section
provisions of Section 146 and order XXII of the Code of Civil Procedure,
1908 shall as far as possible be applicable to the proceedings under this
Act. Then follows Section 23 which deals with procedure and powers of F
the Rent Act and appellate authority and also of the Accommodation
Controller. It provides that the Rent Control Court and the appellate
authority shall have the powers which are vested in a court under the Code
of Civil Procedure, 1908 in respect of listed matters which include dis-
covery and inspection; enforcing the attendance of witnesses, and requir-
ing the deposits of their expenses; compelling the production of G
y documents; examining witnesses on oath, granting adjournments; reception
of evidence taken on affidavit; issuing commission for the examination of
witnesses and for local inspection; setting aside ex parte orders; enlarge-
ment of time originally fixed or granted; power to amend any defect or
error in orders or proceedings and power to review its own order. As per H
10 SUPREME COURT REPORTS [1995] SUPP. 2 S.C.R.

A sub-section (2) of Section 23 the Accommodation Controller, the Rent
Control Court pr the appellate authority may summon and examine suo
moto any person whose evidence appears to it to be material and it shall
be deemed to be a Civil Court within the meaning of sections 480 and 482 .
of the Code of Civil Procedure, 1908. At this stage it will be useful to note
that the Govt. of Kerala in exercise of its power under Section 18(1) has
B issued a notification conferring on District Judges the powers of appellate
authority for the purpose of Kerala Rent Act. The said notification reads
as under:-

"BUILDINGS (LEASE & RENT CONTROL) ACT, 1965-
C NOTN. ·UNDER S.18(1) CONFERRING ON DISTRICT
JUDGES POWERS OF APPELLATE AUTHORITIES.

(Published in Kerala Gazette No. 38 dated 26th September, 1989:
SR0:1631/89)

D NOTIFICATION

S.R.O.No. 1631/89 - In exercise of the powers conferred by
clause (a) of sub-section (1) of S.18 of the Kerala Buildings (Lease
and Rent Control) Act, 1965 (2 of 1965) and in supersession of all
previous notifications on the subject, the Government of Kerala
E
hereby confer on the District judges having jurisdiction over the
areas within which the provisions of the said Act have been
extended, the powers of the Appellate Authorities for the purposes
of the said Act, in the said areas."

F In the background of the aforesaid relevant statutory provisions and
the notification issued thereunder we have to proceed to tackle the ques-
tion posed for our consideration.

As noted earlier the appellate authority, namely the District Judge,
Tahllassery has taken the view that since he is a persona designata he
G cannot resort to Section 5 of the Limitation Act for condoning the delay
in filing appeal before him. So far as this reasoning of the appellate
authority is concerned Mr. Nariman, learned counsel for respondent fairly
stated that he does not support this reasoning and it is not his say that the
appellate authority exercising powers under Section 18 of the Rent Act is
H a persona designata. In our view the said fair stand taken by learned
MUKRIGOPALAN v. C.P.ABOOBACKER[MAJMUDAR,J.] 11
. .,,.. y
counsel for respondent is fully justified. It is now well settled that an A
authority can be styled to be persona designata if powers are conferred on
· a named person or authority and such powers cannot be exercised by
anyone else. The scheme of the Act to which we have referred earlier
contra indicates such appellate authority to be a persona designata. It is
clear that the appellate authority constituted under Section 18(1) has to
B
decide lis between parties in a judicial manner and subject to the revision
of its order, the decision would remain final between the parties. Such an
authority is constituted by designation as the District Judge of the district
having jurisdiction over the area over which the said Act has been ex-
tended. It becomes obvious that even though the concerned District Judge
might retire or get transferred or may otherwise cease to hold the office c
of the District Judge his successor in office can pick up the thread of the
proceedings from the stage where it was left by his predecessor and can
function as an appellate authority under Section 18. If the District Judge
was constituted as an appellate authority being a persona designata or as
a named person being the appellate authority as assumed in the present D
case, such a consequence, on the scheme of the Act would not follow. In
this connection, it is useful to refer to a decision of this court in the case
of Central Talkies Ltd., Kanpur v. Dwarka Prasad, AIR [1961] SC 606. In
that case Hidayatullah, J speaking for the court had to consider whether
Additional District Magistrate empowered under Section 10(2) of Criminal
Procedure Code to exercise powers of district Magistrate was a persona E
designata. Repelling the contention that he was a persona designata the
learned Judge made the following pertinent observations:

"........ A persona designata is a "a person who is pointed out or
described as an individual, as opposed to a person ascertained as F
a member of a class, or as filling a particular character." (See
Osborn's Concise Law Dictionary, 4th Edn., p.253). In the words
of Schwabe, C.J. in Parthasaradhi Naidu v. Koteswara Rao, ILR 47
Mad. 369: AIR (1924) Mad 561 (FB), personae designatae are
"persons selected to act in their private capacity and not in their G
capacity as Judges." The same consideration allies also to a well
known officer like the District Magistrate named by virtue of his
office, and whose powers the Additional District Magistrate can
also exercise and who can create other officers equal to himself
for the purposes of the Eviction Act. The decision of Sapru, J. in
the Allahabad case, With respect, was erroneous." H
12 SUPREME COURT REPORTS [1995] SUPP. 2 S.C.R.

A Applying the said test to the facts of the present case it becomes obvious
that appellate authorities as constituted under Section 18 of the Rent Act
being the District Judges they constituted a class and cannot be considered
to be persona designata. It is true that in this connection, the majority
decision of the High Court in Jokkim Femandez v. Amina Kunhi Umma
(supra) also took a contrary view. But the said view also does not stand
B scrutiny in the light of the statutory scheme regarding constitution of
appellate authority under the Act and the powers conferred on and the
decisions rendered by it.

Once it is held that the appellate authority functioning under Section
C 18 of the Rent Act is not a persona designata, it becomes obvious that it
functions as a court. In the present case all the District Judges having
jurisdiction over the areas within which the provisions of the Rent Act have
been extended are constituted as appellate authorities under Section 18 by
the Govt notification noted earlier. These District Judges have been
D conferred the powers of the appellate authorities. It becomes therefore,
obvious that while adjudicating upon the dispute between the landlord and
tenant and while deciding the question whether the Rent Control Court's
order is justified or not such appellate authorities would be functioning as
courts. The test for determining whether the authority is functioning as a
court or not has been laid down by a series of decisions of this court. We
E may refer to one of them, in the cas.e of Thakur. iugal Ki.shore Sinha v.
Sitamarhi Central Coop. Bank Ltd., [1967] 3 SCR 163. In that case this court
was concerned with .the question whether the Assistant Registrar of Co-
operative Societies functioning under Section 48 of the Bihar and Orissa
Cooperative Societies Act, 1935 was a court subordinate to the High Court
F . for the purpose of Contempt of Courts Act, 1952. While answering the
question in the affirmative, a division bench of this court speaking through
Mitter, J placed reliance amongst other on the observations found in the
case of Brajnandan Sinha v. Jyoti Narain, [1955] 2 SCR 955 wherein it was
observed as under:-

G "It is clear, therefore, that in order to constitute a court in the
strict sense of the term, an essential condition is that the court
should have, apart from having some of the trappings of a judicial
tribunal, power to give a decision or a definitive judgment which.
has finality and authoritativeness which are the essential tests of a
H judicial pronouncement."
MUKRIGOPALAN v. C.P.ABOOBAC:KER(MATMUDAR,J.] 13

Reliance was also placed on another decision of this court in the case of A
Virindar Kumar Satyawadi v. 77ie State of Punjab, [1955] 2 SCR 1013.
Following observations found at page 1018 therein were pressed in service.

"It may be stated broadly that what distinguishes a court from a
quasi-judicial tribunal is that it is charged with a duty to decide
disputes in a judicial manner and declares the rights of parties in B
a definitive judgment. To decide in a judicial manner involves that
the parties are entitled as a matter of right to be heard in support
of their claim and to adduce evidence in proof of it. And it also
hp.ports an obligation on the part of the authority to decide the
matter on a consideration of the evidence adduced and in accord- c
ance with law. When a question therefore arises as to whether an
authority created by an Act is a court as distinguished from a quasi-
judicial tribunal, what has to be decided is whether having regard
to the provisions of the Act it possesses all the attributes of a court."

When the aforesaid well settled tests for deciding whether an authority is D
a court or not are applied to the powers and functions of the appellate
authority constituted under Section 18 of the Rent Act, it becomes obvious
that all the aforesaid essential trappings to constitute such an authority as
a court are found to be present. In fact, Mr. Nariman learned counsel for
respondent ·also fairly stated that these appellate authorities would be E
courts and would not be persona designata. But in his submission as they
are not civil courts constituted and functioning under the Civil Procedure
Code as such, they are outside the sweep of Section 29(2) of the Limitation
Act. It is therefore, necessary for us to turn to the aforesaid provision of
the Limitation Act. It reads as under :
F
"S.29(2). 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 G
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."

A mere look at the aforesaid provision shows for its applicability to the H
14 SUPREME COURT REPORTS [1995] SUPP. 2 S.C.R.

A facts of a given case and for importing the machinery of the provisions
containing Sections 4 to 24 of the Limitation Act the following two require-
ments have to be satisfied by the authority invoking the said provision.

(i) There must be provision for period of limitation under any
special or local law in connection with any suit, appeal or ap-
B plication.

(ii) The said prescription of period of limitation .under such special
or local law should be different from the period prescribed by
the schedule to the Limitation Act.
c If the aforesaid two requirements are satisfied the consequences
contemplated by Section 29(2) would automatically follow. These conse-
quences are as under :

(i) In such a case Section 3 of the Limitation Act would apply as if
D the period prescribed by the special or local law was the period
prescribed by the schedule.

(ii) For determining any period of limitation prescribed by such
special or local law for a suit, appeal or application all the
provisions containing Sections 4 to 24 (inclusive) would apply
E insofar as and to the extent to which they are not expressly
excluded by such special or local law.

In the light of the aforesaid analysis of the relevant clauses of Section
29(2) of the Limitation Act, let us see whether Section 18 of the Rent Act
F providing for a statutory appeal to the appellate authority satisfies the
aforesaid twin conditions for attracting the applicability of Section 29(2) of
the Limitation Act. It cannot be disputed that Kerala Rent Act is a special
Act or a local law. It also cannot be disputed that it prescribes for appeal
under Section 18 a period of limitation which is different from the period
G prescribed by the schedule as the schedule to the Limitation Act does not
contemplate any period of limitation for filing appeal before the appellate
authority under Section 18 of the Rent Act or in other words it prescribes
nil_period-of limitation for such an appeal. It is now well settled that a ~
situation wherein a period of limitation is prescribed by a special or local
law for an appeal or application and for which there is no provision made
H in the schedule to the Act, the second condition for attracting Section 29(2)

.•
MUKRIGOPALAN v. C.P.ABOOBACKER(MATMUDAR,J.] 15

would get satisfied. As laid down by a majority decision of the Constitution A
Bench of this court in the case of Vidyacharan Shukla v. Khubchand Baghel
.:.'- Ors., AIR (1964) S.C. 1099, when the first schedule of the Limitation Act
prescribes no time limit for a particular appeal, but the special law
prescribes a time limit for it, it can be said that under the first schedule of
the Limitation Act all appeals can be filed at any time, but the special law B
by limiting it provides for a different period, while the former permits the
filing of an appeal at any time, the latter limits it to be filed within the
prescribed period. It is therefore, different from that prescribed in the
former and thus Section 29(2) would apply even to a case where a dif-
ference between the special law and Limitation Act arose by the omission
to provide for limitation to a particular proceeding under the Limitation C
Act.

It is also obvious that once the aforesaid two conditions are satisfied
Section 29(2) on its own force will get attracted to appeals filed before
appellate authority under Section 18 of the Rent Act. When Section 29(2) D
applies to appeals under Section 18 of the Rent Act, for computing the
period of limitation prescribed for appeals under that Section, all the
provisions of Sections 4 to 24 of the Limitation Act would apply. Section
5 being one of them would therefore get attracted. It is also obvious that
there. is no express exclusion anywhere in the Rent Act taking out the
applicability of Section 5 of the Limitation Act to appeals filed before E
appellate authority under Section 18 of the Act. Consequently, all the legal
requirements for applicability of Section 5 of the Limitation Act to such
appeals in the light of Section 29(2) of Limitation Act can be said to have
been satisfied. That was the view taken by the minority decision of the
learned single Judge of Kerala High Court in Jokkim Fernandez v. Amina F
Kunhi Umma (supra). The majority did not agree on account of its wrong
supposition that appellate authority functioning under Section 18 of the
Rent Act is a persona designata. Once that presumption is found to be
erroneous as discussed by us earlier, it becomes at once clear that minority
view in the said decision was the correct view and the majority view was
an erroneous view. G

P It is also necessary to note the change in the statutory settings of
Section 29(2) as earlier obtained in the Indian Limitation Act, 1908 and
the present Limitation Act of 1963. Section 29(2) as found in Indian
Limitation Act, 1908 read as follows :- H

..
16 SUPREME COURT REPORTS (1995] SUPP. 2 S.C.R.

A "Where any special or local law prescribes for any suit, appeal
or application a period of limitation different from the period
prescribed therefor by the First Schedule, the provisions of Section
3 shall apply, as if such period were prescribed therefor, in that
Schedule, and for the purpose of determining any period of li.mita-
tion prescribed for any suit, appeal or application by any special
B
or local law:-

(a) the provisions contained in Section 4, Sections 9 to 18, and
Section 22 shall apply only in so far as, and to the extent to which,_
they are not expressly excluded by such special or local law; and
c (b) the remaining provisions of this Act shall not apply." .

As per this sub-section, the provisions contained in certain sections
of the Limitation Act were applied automatically to determine the periods
under the special laws, and the provisions contained in other sections were
D stated to apply only if they were not expressly excluded by the special law.
The provision (Section 5) relating to the power of the court to condone
delay in preferring appeals and making applications came under the latter
category. So if the power to condone delay contained in Section 5 had to
be exercised by the appellate body it had to be conferred by the special
law. That is why we find in a number of special laws a provision to the
E
effect that the provision contained in Section 5 of the Limitation Act shall
apply to the proceeding under the special law. The jurisdiction to entertain
proceedings under the special laws is sometimes given to the ordinary
courts, and sometimes given to separate tribunals constituted under the
special law. When the special law provides that the provision contained in
F Section 5 shall apply to the proceedings under it, it is really a conferment
of the power of the court under Section 5 to the Tribunals under the special
law - whether these tribunals are courts or not. If these tribunals under the
special law should be courts in the ordinary sense an express extension. of
the provision contained in Section 5 of the Limitation Act will become
G otiose in cases where the special law has created separate tribunals to
adjudicate the rights of parties arising under the special law. That is not
the intension of the legislature.

· In view of the aforesaid provision of Section 29(2) as found in Indian
Limitation Act, 1908, Section 5 would -not have applied to appellate
H authorities constituted under Section 18 as Section 5 would not get at-
MUKRIGOPALAN v. C.P.AilOOBACKER[MAJMUDAR,J.] 17

tracted as per the then existing Section 29(2) of Indian Limitation Act, 1908 A
which did not include Section 5 as one of the provisions to be applied to
such special or local laws. That appears to the reason why during the time
when the Limitation Act, 1908 was in force, the Rent Act of 1959 which is
the forerunner of present Rent Act of 1965 contained a provision in Section
31 of that Act which read as under :-
B
"31. Application of the Limitation Act:- The provisions of
Section 5 of the Indian Limitation Act, 1908 (9 of 1908), shall apply
to all proceedings under this Act;

After repealing of Indian Limitation Act, 1908 and its replacement C
by the present Limitation Act of 1963 a fundamental change was made in
Section 29(2). The present Section 29(2) as already extracted earlier clearly
indicates that once the requisite conditions for its applicability to given
proceedings under special or local law are attracted, the provisions con-
tained in Section 4 to 24 both inclusive would get attracted which obviously D
would bring in Section 5 which also shall apply to such proceedings unless
applicability of any of the aforesaid Sections of the Limitation Act is
expressly excluded by such special or local law. By this change it is not
necessary to expressly state in a special law that the provisions contained
in Section 5 of the Limitation Act shall apply to the determination of the
periods under it. By the general provision contained in Section 29(2) this E
provision is made applicable to the periods prescribed under the special
laws. An express mention in the special law is necessary only for any
exclusion. It is on this basis that when the new Rent Act was passed in 1965
the provision contained in old Section 31 was omitted. It becomes therefore
apparent that on a conjoint reading of Section 29(2) of Limitation Act of F
1963 and section 18 of the Rent Act of 1965, provisions of Section 5 would
automatically get attracted to those proceedings, as there is nothing in the
Rent Act of 1965 expressly excluding the applicability of Section 5 of the
Limitation Act to appeals under Section 18 of the Rent Act.

Mr. Nariman, learned counsel for respondent tried to salvage the G
situation by submitting that even if conditions for applicability of Section
29(2) get satisfied, Section 29(2) itself will not apply to them unless it is
held that the appellate authority functioning as a court was constituted
under the Civil Procedure Code. He contended that unless such courts
functioning under special law or local law are constituted under the Civil H
18 SUPREME COURT REPORTS [1995] SUPP. 2 S.C.R.

A Procedure Code, Section 29(a) cannot apply to them. This submission is
required to be stated to be rejected as it would amount to moving in a
circle. If according to Mr. Nariman Section 29(2) can apply to only those
courts which are constituted under the Civii Procedure Code then the
entire scheme of Limitation Act from Sections 3 to 24 onwards would apply
to proceedings of such courts on its own force and in that eventuality
B
provisions contained in Section 29(2) for applying Sections 4 to 24 of
Limitation Act, 1963 to such court proceedings would be rendered otiose
and redundant. Mr. Nariman tried to get out of this situation by submitting
that because of provisions of first part of St;ction 29(2). Section 3 of the
Limitation Act, 1963 is treated to have applied to the periods of limitation
c prescribed by such special or local law by a deeming fiction. There may be
situations wherein even courts constituted under special or local law which
are governed by Civil Procedure Code may have prescribed period of
limitation for suit, appeal or application under such special or local law
and for which provision might not have been made under schedule to the
D Limitation Act and only for such courts a express provision has to be made
for applying Sections 4 to 24 of the Limitation Act as found in second part
of Section 29(2) but for which such a machinery may not be available for
computing such periods of limitation eventhough by a legal fiction Section
3 of the Limitation Act would apply. It is difficult to countenance this
submission. The· express language of Section 29(2) clearly indicates that
E such special or local law must provide for period of limitation for suit,
appeal or application entertainable under such laws and for computing
period of limitation under such special or local law the Legislature has
made available the machinery of Sections 4 to 24 inclusive as found in
Limitation Act. Nowhere it is indicated that as per Section 29(2) the courts
F functioning under such special of local law must be governed whole hog by
Civil Procedure Code.

In order to support his contention Mr. Nariman invited our attention
to the relevant provisions of the Rent Act, namely, Sections 20, 22, 23 as
well as second proviso to Section 11(1) and contended that a Rent Court
G functioning under the Rent Control Act is not a full-fleadged civil court.
If it was a full- fledged civil court there would have been no occasion for
the Legislature to provide that certain provisions of Code of Civil Proce-
dure, 1908 will govern such proceedings. To that extent Mr. Nariman is
right. We will proceed on the basis that Rent Court functioning under the
H Rent Act or for that matter the Appellate authority adjudicating disputes
MUKRIGOPALAN v. C.P.ABOOBACKER[MATMUDAR,J.] 19

between landlords and tenants in a judicial manner may not be considered A
strictly as civil courts fully governed by the Code of Civil Procedure. Still
the question remains whether only because of that their· proceedings will
go out of the provision of Section 29(2) of the Limitation Act. Mr. Nariman
submitted that Section 29(2) will apply only to the proceedings of those
courts constituted under special or local law which are civil courts, stricto B
sensu. In order to buttress his aforesaid submission he invited our attention
to four judgments of this court. We will therefore turn to the consideration
of these judgments. The first judgment on which reliance was placed by
Mr. Nariman is rendered in the case of Town Municipal Council, Athani v.
Presiding Officer, £abour Court, Hubli & Ors., [1970] 1 SCR 51. In that case
a bench of two learned Judges of this court was concerned with the short c
question whether any period of limitation governed an application under
Section 33(C)(2) of Industrial Disputes Act, 1947. The High Court had
taken the view agreeing with the Labour Court that Article 137 of the
Limitation Act, 1963 would govern such applications. Reversing that view
it was held that Labour Court exercising powers under Section 33(C)(2) of D
Industrial Disputes Act may be acting as quasi judicial authority or even a
court but as it was not a civil court contemplated by the Civil Procedure
Code, Article 137 of the schedule to the Limitation Act could not get
attracted. Bhargava, J. speaking for this court held that Article 137 of the
Limitation Act, 1963 governs only applications presented to courts under E
the Civil and Criminal Procedure Codes. The use of the word 'other' in the
first column of the article giving the description of the application as 'any
other application for which no period of limitation is provided elsewhere
in this decision', indicates that the Legislature wanted to make it clear that
the interpretation put by this court in Mulchand & Co. Ltd. v. Jawahar Mills
F
Ltd., [1953] SCR 351 and Bombay Gas Co. v. Gopal Bhiva, [1964] 3 SCR
709, 722-723, on Article 181 of the 1908-Act on the basis of ejusdem generis
should be applied to Article 137 of 1963-Act also, the language of which,
is only slightly different from that of Article 181 of the 1908-Act. That is,
in interpreting Article 137 of the 1963-Act regard must be had to the
provisions contained in the earlier articles. These articles refer to applica- G
tions under the Code of Civil Procedure, except in two cases of applications
under the Arbitration Act, in two cases of applications under the Code of
y Criminal Procedure. This court in Mulchand & Co. Ltd. v. Jawahar Mills
(supra) case held that the reference to applications under.the Arbitration
Act had no effect on the interpretation of Article 181 of the 1908- Act and H
20 SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R.

A that, that article applied only to applications under the Code of Civil
Procedure. On the same principle, the further alteration made in the
articles in 1963-Act containing reference to applications under the Code
of Criminal Procedure could not alter the scope of Article 137 of the
1963-Act. Moreover even the applications under the Arbitration Act were
to be presented to courts whose proceedings are governed b] the Code of
B
Civil Procedure. The further amendment including applications governed
by the Criminal Procedure Code still shows that the applications must be
to courts. The alterations in the 1963-Act, namely, the inclusion of the
words 'other proceedings' in the long title to the 1963-Act, the omission of
the preamble and change in the definition so as to include 'petition' in word
c 'application', do not show an intension to make Article 137 applicable to
proceedings before bodies other than courts such as quasi-judicial tribunals
and executive bodies.

We fail to appreciate how the aforesaid decision is of any avail to
D Mr. Nariman on the facts of the present case. It is obvious that schedule
to the Limitation Act is a part and parcel of the Limitation Act. It has
therefore to be read in conjunction with Section 3. Sub-section (1) of
Section 3 of Limitation Act lays down that subject to the provisions
contained in Sections 4 to 24 (inclusive). every suit instituted, appeal
preferred and application made after the prescribed period shall be dis-
E missed although limitation has not been set up as a defence. It becomes
therefore clear that the Act as such governs period of limitation prescribed
for suit, appeal or application under the schedule and the schedule to the
Limitation Act which consists of different divisions relates to proceedings
which are to be filed before full-fledged civil or criminal courts as the case
F may be. First division deals with suits. Part I deals with suits relating to
accounts. Part II deals with suits relating to contracts. Part III deals with
suits relating to declarations. Part IV deals with suits relating to decrees
and instruments. Part V deals with suits relating to immovable property.
Part VI deals with suits relating to movable property. Part VII deals with
suits relating to tort. Part VIII deals with suits relating to trusts and trust
G property. Part IX deals with suits relating to miscellaneous matters. Part
X deals with suits for which there is no prescribed period. It is obvious that
provisions of these parts in first division will govern suits to be filed before
regular courts functioning under Civil Procedure Code. When we turn to
the second division it deals with appeals which may be filed under Civil
H Procedure Code or Criminal Procedure Code or from a decree or order
MUKRIGOPALAN v. C.P.ABOOBACKER[MAJMUDAR,J.] 21

of any High Court to the same Court. They would obviously refer to A
appeals before regular Civil or Criminal Courts or High Courts as the case
may be. The third division deals with applicatio"ns. These applications also
have to be filed befor regular civil courts or High Court or Supreme Court
as the case may be. To all these proceedings of these courts, the entire
machinery of the Civil Procedure Code would get attracted and they can B
be considered to be full-fledged civil courts before whom applications can
be moved. Consequently, it has to be held that the entire schedule to the
Limitation Act prescribes various periods of limitation for suit, appeal or
application to be moved before full-fledged civil or criminal courts. As
Article 137 deals with one of such applications as found in third division
this court held in the case of Town Municipal Council, Athani v. Presiding C
Officer, Labour Court, Hubli & Ors. (supra), that the said Article could
apply only to application before full-fledged civil court and as the labour
court was not one of such courts though established under special or local
law, Article 137 could not apply to govern proceedings before it. Such is
not the case before us. We are not concerned with applicability of any of D
the Articles of the schedule for governing the period of limitation as
prescribed by Section 18 of the Rent Control Act. That period of limitation
is prescribed not by Article 137 or any other article under the schedule but
by Section 18 itself which is a part and parcel of special or local law. So
far as that period of limitation is concerned Section 29(2) is the only E
Section which can apply. For interpreting Section 29(2) the decision
rendered by this court in connection with applicability of any of the Articles
to the schedule to the Limitation Act would be totally irrelevant. Mr.
Nariman then invited our attention to the decision of this court in the case
of Nityananda M. Joshi & Ors. v. Life Insurance Corporation of India & Ors.,
F
[1971} 1 SCR 396. That decision also was concerned with the applicability
of Article 137 of the Limitation Act of the schedule to the Limitation Act
of 1963 of proceedings before Labour Court under Section 33(C)(2) of
Industrial Disputes Act. The reasons given by us while dealing with Town
Municipal Council Athani v. Presiding Officer, Labour Court, Hubli & Ors.
(supra) would squarely get attracted so far as this decision is concerned G
and would make it inapplicable to the facts of the present case. The third
decision to which our attention was invited was rendered in the case of
Kera/a State Electricity Board, Trivandrum v. T.P.K.K. Amsom and Besom,
Kera/a, [1977} 1 SCR 996. In that decision this court was concerned with
similar question whether Article 137 of the Limitation Act, 1963 could be H
22 SUPREME COURT REPORTS (1995] SUPP. 2S.C.R.
f' .'
A made applicable to petitions under Indian Telegraph Act, 1885. Under the
said Act petition could be filed under Section 16(5) by anyone claiming
financial compensation against Electricity Board which tried to put up
electricity poles in the land of such a person. Such application would lie
before District Judge of the District. The question was whether to such
B applications under special or local law, Article 137 would apply. It was held
that the District Judge under the Telegraph Act acts as a Civil Court in
dealing with applications under Section 16 of the Telegraph Act and
therefore Article 137 of the 1963-Act applies to applications under Section
16 as filed before such courts. In our view even this decision is in line with
earlier decisions of this court in the cases of Town Municipal Council,
C Athani. v. Presiding Officer, Labour Court,. Hubli & Ors. (supra) and
Nityananda M. Joshi & Ors. v. Life Insurance Corporation of India & Ors.
(supra) and cannot be of any assistance to Mr. Nariman in the present case
as we are not concerned with applicability of Article 137 to the proceedings
of appellate authority under Section 18 of the Rent Act. Mr. Nariman then
D peached his faith on a later decision of this court rendered in the case of
The Commissioner of Sales Tax, Uttar Pradesh, Lucknow v. Parson Tools
and Plants, Kanpur, [1975] 3 SCR 743. In that case a Bench of three learned
Judges of this court was concerned with the question whether the revisional
authority functioning under U.P. Sales Tax Act, 1948 could extend the
E period of limitation beyond six months even on sufficient ·cause being
shown and whether the principle of Section 14(2) of the 1963 Act could be
imported into Section 10(3)(B) of that Act by analogy. Section 10(3)(B) of
the U .P. Sales Tax Act provided for filing revisions under the Act. As per
sub-section 3(B) of Section 10 such applications had to be made within 9ne
F year form the date of service of order but the revising authority may on
proof of sufficient cause entertain an application within a further period of
six months. In view of this express provision in the special Act it was held
by this court that the general provisions of Section 14(2) of the Limitation
Act could not get attracted. It is trite to observe that as per Section 14(2)
of the Limitation Act if the applicant was persuing any civil proceedings
G . with due diligence in a first court or any higher court therein against the
same party for the same relief the period spent shall be included if such
proceedings were found to have been filed in good faith in a court which,
from defect of jurisdiction or other cause of a like nature was unable to
entertain it. The entire period spent in such fruitless proceedings had to
H be excluded for computing the period of limitation for any application as
MUKRIGOPALAN v. C.P.ABOOBACKER[MATMUDAR,J.] 23

laid down by Section 14(2) of the Limitation Act. It is easy to visualise that A
if Section 14(2) applied to applications for revisions under Section 10(3)(8)
of the U.P. Sales Tax Act, then even if such fruitless proceedings had
lingered on for one or two years or even more the entire period spent in
such proceedings would get excluded for computing the period of limita-
tion for filing such revisions under Section 10(3)(8) of the U.P. Sales Tax B
Act. However, there was an express provision in sub-section (3)(8) of
Section 10 of the U.P. Sales Tax Act putting a ceiling on the powers of the
revisional authority even on proof of sufficient cause to entertain such
applications and that was only upto a further period of six months beyond
one year as prescribed. Consequently, this express provision to the contrary C
as found in Section 10(3(8) of the U.P. Sales Tax Act made the general
provisions of Section 14(2) inapplicable as it was an express provision to
the contrary to what is provided by Section 14(2). It is precisely for that
reason that this court in the aforesaid decision speaking through Sarkaria,
J. held that the object, the scheme and language of Section 10 of the Sales
Tax Act do not permit the invocation of Section 14(2) of the Limitation D
Act, either, in terms, or in principle, for excluding the time spent in

- prosecuting proceedings for setting aside the dismissal of appeals in
default, for computation of the period of limitation prescribed for filing a
revision under the Sales Tax Act. It is true that in the decision under appeal
before this court learned single Judge, Hari Swarup, J. had taken the view
that the judge (Revisions) Sales Tax while hearing the revisions under
E

Section 10 of the U.P. Sales Tax Act does not act as a court but only as a
revenue tribunal and hence the provisions of the Indian Limitation Act
cannot apply to proceedings before him. If the Limitation Act does not
apply then neither Section 29(2) nor Section 14(2) of the Limitation Act
would apply to proceedings before him. But so far as this court is con-
F
cerned it did not go into the question whether Section 29(2) would not get
attracted because the U.P. Sales Tax Act Judge (Revisions) was not a court
but it took the view that because of the express provision in Section
10(3)(B) applicability of Section 14(2) of the Sales Tax Act was ruled out.
Implicit in this reasoning is the assumption that but for such an express G
conflict or contrary intention emanating from Section 10(3)(8) of the U.P.
Sales Tax Act which was a special law, Section 29(2) would have brought
in Section 14(2) of Limitation Act even for governing period of limitation
for such revision applications. In any case, the scope of Section 29(2) was
not considered by the aforesaid decision of the three learned Judges and H
24 SUPREME COURT REPORTS (1995] SUPP. 2 S.C.R.

A consequently it cannot be held to be an authority for the proposition that
in revisional proceedings before the Sales Tax authorities functioning under
the U.P. S::iles Tax Act Section 29(2) cannot apply as Mr. Nariman would
like to have it.

B On the other hand, there are two decisions of this court which have
directly spoken on the point, and on which reliance was rightly placed by
the counsel for appellant. The first decision rendered in the case of
Commissioner of Sales Tax, U.P. v. Madan Lal Dan & Sons, Bareilly, [1977]
1 SCR 683 by a bench of three learned Judges of this court was concerned
C with the question whether Section 12(2) of the Limitation Act, 1963 would
be applicable to revision petitions filed under Section 10 of the same U .P.
Sales Tax Act. The appellant had contended that the time spent by him in
obtaining certified copy of the order of the lower authority was required
to be excluded for computing period of limitation for filing revision under
Section 10, as per provisions of Section 12 of the Limitation Act. Khanna,
D J. speaking for this court held that for the purpose of determining any
period of limitation prescribed for any application by any special or local
law, the provisions contained in Section 12(2), inter alia, shall apply in so
far as, and to the extent to which they are not expressly excluded by such
special or local law, and there is nothing in the U.P. Sales Tax Act expressly
E excluding the application of Section 12(2) of the Limitation Act. Conse-
quently, the said provision was held applicable to the filing of revision
applications under Section 10 of the U.P. Sales Tax Act. It becomes
therefore obvious that the aforesaid decision clearly applied Section 29(2)
to the revision petitions filed before revision authorities under a special law
like U .P. Sales Tax Act and via Section 29(2) applied Section 12(2) of the
F Limitation Act to such revisional proceedings. Mr. Nariman crintended that
the said decision was per incurium as the earlier decision of three learned
Judges in The Commissioner of Sales Tax, Uttar Pradesh, Lucknow v. Parson
Tools and Plants, Kanpur (supra) was not cited before them. As we h~ve
already held earlier the said decision proceeded on the language of Section
G 10(3)(B) of the U.P. Sales Tax Act for excluding the applicability of Section
14(2) of the Limitation Act. It had no relevance for deciding the question
whether Section 12(2) of the Limitation Act could be applied to such
revisional proceedings when there was no express exclusion of Section
12(2) by the special law, namely, the U.P. Sales Tax Act. Consequently, it
H cannot be said that the decision rendered by this court in Commissioner of
MUKRIGOPALAN v. C.P.ABOOBACKER[MAJMUDAR,J.j 25

Sales Tax, U.P. v. Madan Lal Dan & Sons, Bareilly (supra) was per A
incurium. On the other hand, it is a direct decision on the point, nameJy,
applicability of Section 29(2) of the Limitation Act for computing periods
of limitation prescribed by local or special law even though the authority
before which such proceeding may be filed under the local or special law
may not be full-fledged civil courts. B

Our attention was also invited by counsel for the appellant to a later
decision of this court in the case of The Sahkati Ganna Vikas Samiti Ltd.
v. Mahabir Sugar Mills (P) Ltd., AIR {1982) SC 119. In that case a bench
of two learned Judges was concerned with the question whether Divisional
Commissioner acting under the U.P. Sugarcane (Regulation of Supply and C
Purchase) Act, 1953 acted as a revenue court or whether he was a persona
designata. It was held that the Divisional Commissioner had been con-
stituted as appellate authority under the Act. That showed that the
Divisional Commissioner was made an appellate court not as persona
designata but as a revenue court. That being so it was obvious that Section D
5 of the Act applied to appeals before Divisional Commissioner and he
could condone the delay in filing appeals. It becomes obvious that this
court in the aforesaid decision was dealing with revenue court constituted
under U.P. Sugarcane (Regulation of Supply and Purchase) Act which was
a special law. It was in terms held that Section 5 of the Limitation Act was
applicable to revisional proceedings before such Revenue Courts. It is of E
course true as pointed out by Mr. Nariman that in the said decision no
other decision of this court was cited and Section 29{2) was not expressly
referred to but the ratio of the decision is necessarily and implicitly based
on the applicability of Section 29{2) but for which Section 5 of the Limita-
tion Act would not have been made applicable to such revision proceedings F
before revenue court functioning under the special law. Before parting with
the discussion on this question we may also refer to one submission of Shri
Nariman. He submitted that Sections 4 to 24 of the L~itation Act would
apply to civil courts as duly constituted under the Civil Procedure Code
and if that is so even if they are to be made applicable to suit, appeal or
application governed by periods of limitation prescribed by any special or G
y local law, they necessarily require such suit, appeal or application to be
filed under special or local law before full-fledged civil courts as otherwise
Sections 4 to 24 by themselves would not apply to them. It is difficult to
agree. It has to be kept in view that Section 29(2) gets attracted for
computing the period of limitation for any suit, appeal or application to be H
26 SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R.

A filed before authorities under special or local law if the conditions laid
down in the said provision are satisfied and once they get satisfied the
provisions contained in Sections 4 to 24 shall apply to such proceedings
meaning thereby the procedural scheme contemplated by these Sections of
the Limitation Act would get telescoped into such provisions of special or
local law. It amounts to a legislative shorthand. Consequently, even this
B
contention of Shri Nariman cannot be countenanced.

Before parting with the discussion we may also note that a division
bench of Madras High Court in the case of Rethinasamy v. Komalavalli
and Anr., AIR (1983) Madras 45 took the view that the Tamil Nadu
C Buildings (Lease and Rent Control) Act was a special and local enactment
and as Sections 4 to 24 of the 1963 Act were not excluded in their
application to the appeals filed under Section 23 of the Rent Control Act,
Section 29(2) enabled the application of Sections 4 to 24 to Rent Control
Courts. Consequently, Section 5 of the Limitation Act is applicable to an
D appeal preferred before the appellate authority, constituted under Section
23(1(b) of the Rent Control Act. We entirely agree with the aforesaid view.
In the said decision the majority view of the Full Bench of Kerala High
Court in Jokkim Femandez v. Amina Kunhi Umma (supra) was dissented ...
from and the minority view as found therein was accepted. The said
decision of the Madras High Court lays down the correct law and has
E rightly dissented from the majority view of the full bench of the Kerala
High Court and has rightly accepted the minority view as discussed by us
earlier. Our attention was also invited by learned counsel for the appellant
to the decision of a learned single Judge of the Andhra Pradesh High Court
in the case of G. Bulliswamy v. Smt. C. Annapumamma, AIR (1976)
F Andhra Pradesh 270. In that decision the learned Judge held relying on
Section 3 as found in Evidence Act, 1872 that Rent Controller acting under
the AP. Buildings (Lease, Rent & Eviction) Control Act who is authorised
to record evidence of the parties before him by virtue of Rule 8(2) of the
Rules framed under the Act, is a court within the meaning of Section 3
and therefore revision application against order of Rent Controller was
G maintainable under Section 18 before the High Court. In the case of Smt.
Vidya Devi, widow of Ramji Dass v. Finn_ Madan Lal Prem Kumar, AIR
(1971) Punjab & Haryana 150 a full bench of the Punjab & Haryana High
Court was concerned with the question whether Rent Controller and
appellate authority under Punjab Rent Restriction Act are courts or civil
H courts for purposes of Sections 195(1)(b), 476 and 479-A of Criminal
MUKRIGOPALAN v. C.P.ABOOBACKER[MATMUDAR,J.] 27

Procedure Code. Tuli, J speaking for the full bench held that they were A
such courts and could issue show cause notice why complaint under Section
193 should not be filed against persons committing perjury before Rent
Controller and to file complaint under Section 195(1)(b) of Criminal
Procedure Code if it is found expedient in the interest of justice.

As a result of the aforesaid discussion it must be held that appellate B
authority constituted under Section 18 of the Kerala Rent Act, 1965
functions as a court and the period of limitation prescribed therein under
Section 18 governing appeals by aggrieved parties will be computed keep-
ing in view the provisions of Sections 4 to 24 of the Limitation Act, 1963
such proceedings will attract Section 29(2) of the Limitation Act and C
consequently Section 5 of the Limitation Act would also be applicable to
such proceedings. Appellate authority will have ample jurisdiction to con-
sider the question whether delay in filing such appeals could be condoned
on sufficient cause being made out by the concerned applicant for the delay
in filing such appeals. The decision rendered by the High Court in the
present case as well as by the appellate authority taking contrary view are D
quashed and set aside. The proceedings are remanded to the court of the
appellate authority, that is, District Judge, Thalassery. Rent Control Ap-
peal no. 9/94 filed before the said authority by the appellant is restored to
its file with a direction that the appellate authority shall consider I.A. 56/94
filed by the applicant for condonation of delay on its own merits and then E
proceed further in accordance with law. Appeal is allowed accordingly. In
the facts and circumstances of the case there will be no order as to costs.

R.S. Appeal allowed.
r