S.S. NATHAN Vs. MUNUSWAMY

JUDGEMENT

(1.) Leave granted,

(2.) In the facts and circumstances of this case, we need not go Into the history of the case, except to notice that the appellant who was a tenant of the premises No. 9/54,4th Street, Konga Nagar, Tiruppur, was sought to be- evicted by the landlord-respondent The Rent Controller dismissed the eviction petition filed by the landlord on 12.12.1989. The dismissal of the petition was questioned by the landlord before the appellate authority. The appeal was dismissed on 23rd Aug., 1990. A civil revision was thereafter preferred in the High Court which was taken on Boards and notice was issued. The Civil Revision Petition was directed to be listed for hearing on merits. The appellant, according to the affidavit filed herein which also finds support from other material on the record, had engaged a counsel to represent him before the High Court in the Civil Revision Petition, but unfortunately on the date when the case came up for hearing before the learned Single Judge of the High Court it was noticed that the learned counsel for the appellant had neither filed a vakalatnama nor any memo of appearance. He was also not present at the time of hearing. The learned Single Judge allowed the Civil Revision Petition and set aside the orders of both the Courts below.

(3.) We have gone through the order of the teamed Single Judge as also the orders of the authorities below. In our opinion, in .the peculiar facts and circumstances of the case, the High Court fell in error in deciding the Civil Revision Petition in the absence of the appellant or his counsel, i would have been more appropriate for the High Court to have issued a fresh notice to the appellant and decide the Civil Revision Petition after: hearing him. In view of these circumstances, we cannot sustain the order of the High Court. We. accordingly set; aside the order of the High Court tit Civil Revision Petition No. 701 of 19S1 decided on 18.11.1994 and Petition to the High Court for its fresh disposal on merits in accordance with law.