-1- Regular Second Appeal No. 1424 of 2010. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: January 18, 2011. Regular Second Appeal No. 1424 of 2010. Gian Chand ... Appellant VERSUS The Child Development Project Officer, Hoshiarpur and another ... Respondents CORAM : HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. H.K. Arora, Advocate, for the appellant. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for the respondents. -.- MOHINDER PAL, J. Gian Chand (plaintiff-appellant) is in second appeal aggrieved against the judgments and decrees passed by the Courts below, whereby his suit for recovery of Rs.33048/- (principal amount Rs.21838/- and interest at the rate of 12 pert cent per annum amounting to Rs.11,210/- from February, -2- Regular Second Appeal No. 1424 of 2010. 2000 to May, 2004) as arrears of rent in respect of the premises of the appellant which were taken on rent by the defendants. I have heard the learned counsel for the parties and have perused the impugned judgments. In this case Rachhpal Singh, Child Development Project Officer, Hoshiarpur, had appeared as D.W.1 and in his cross- examination admitted the claim of the plaintiff-appellant. He further admitted that a letter had been written to the Director, Chandigarh regarding payment of the amount due to the plaintiff from the department. However, the Director had not sent the payment of the said amount. In fact, the claim of the plaintiff-appellant has been declined by both the Courts below on the ground of limitation only. The period of limitation expired on 15.3.2003 whereas the instant suit was filed by the plaintiff on 23.7.2004. In view of the peculiar facts and circumstances of the case and keeping in view of the fact that a categoric finding has been recorded by the trial Court that the amount of Rs.21838/- is due from the defendants to the plaintiff on account of the arrears of the premises which were taken on rent by the defendants from the plaintiff, the delay in filing the suit by the plaintiff deserves to be condoned to meet the ends of justice. Accordingly, the delay in filing the suit by the plaintiff is condoned. Resultantly, suit of the plaintiff for recovery of Rs.21838/- is hereby decreed with costs by setting aside the impugned -3- Regular Second Appeal No. 1424 of 2010. judgments and decrees passed by both the Courts below. The plaintiff will also be entitled to interest at the rate of six per cent per annum on the said amount of Rs.21838/- from the date it became due i.e February, 2000 till its realization. Decree sheet be prepared accordingly. ( MOHINDER PAL ) January 18, 2011. JUDGE ak