1. ' This is an appeal under section 24 of Cantonments Rent Restriction Act of 1963 (hereinafter called Rent Act) directed against an order, dated ,17-1997 in Rent Case No,31 of 1997, Rafiq Ali v. Kaleem Zia Khawaja and another whereby an application under section 17, of the said Rent Act was dismissed hence this appeal.
2. ' A prelinfinary objection has been raised that this appeal is time-barred and section 5 of Limitation Act would not apply to the filing of rent appeals.
3. ' Learned counsel for appellant states that the appeal is delayed by two days and the same could not be filed because the learned counsel for appellant fell ill and was not in a position to present appeal within the statutory period of limitation, which ailment was beyond his control and power hence the delay in the presentation of appeal may be condoned. He further contends that the order passes by the trial Court was void hence there could not be limitation for filing appeal as well.
4. ' Learned counsel for the respondent has argued that section 5 of Limitation Act is not applicable to the said Rent Act and there has been delay of four days in filing appeal which delay was deliberate and wilful, therefore, also same could not be condoned.. He has placed reliance upon Messrs BASCO Enterprise (Pvt.) Limited v. Muhammad Siddique and 2 others 1990 M LD 211, (ii) Abdul Ghaffar and others v. Mst. Mumtaz PLD 1982 SC 88, (iii) Messrs Muqtada Khan Iqtida Khan v. Allah Rakhi Begum 1981 CLC 568, (iv) Messrs A.B.M. Engineering, Karachi v. Mst. Zeenat Zubair Siddiqui and 2 others 1987 CLC 2318, (v) Leno Rozario v. Ghulam Muhammad Dossul 1996 M LD 821, (vi) Messrs Alba Industries v. Haroon 1985 CLC 2622, (vii) Mst. Sara Bai v. Messrs Anis Corporation 1987 MLD 49(2), (viii) Syed Anwar Ali v. Anwar Nadeem, etc. NLR 1986 CLJ 272, (ix) Muhammad Anis v. Mst.
5. Akhtar Jehan Begum 1991 M LD 1386, (x) Messrs M.S. Engineering Co. .v Muhammad Mushtaq and others 1992 CLC 492, (xi) Muhammad Shafi v. S M Enamal Haq and another 1986 CLC 1546, (xii) Syed Ashraf Ali v. Abdul Rashid 1984 CLC 2632, (xiii) Muhammad Ibrahim v. Abdul Haseeb Khan 1982 CLC 2025 and (xiv) Messrs Jahania sons and another v. S.M. Younis and 2 others 1984 CLC 2898 in support of his contention.
6. Admittedly in view of the abovesaid case-law and provisions of the said Rent Act, section 5 of Limitation Act is not applicable to the appeals to be filed under the said Rent Act. No sufficient cause has also been shown for condoning the delay in filing appeal within the statutory period considering that each day's delay is to be accounted for. In the circumstances, appeal is dismissed being time-barred.