PRAHLAD SINGH Vs. COLLECTOR SUKHDEV SINGH

JUDGEMENT

(1.) In this appeal by special leave, the tenant, against whom an order of eviction has been made under S. 13 of the East Punjab Urban Rent Restriction Act, is the appellant. The petition for eviction was based on the ground of default in payment of rent for the period April 1, 1976 to October 31, 1977. The petition was filed on October, 6, 1977 and on that date the appellant could not be said to be in default for the months of September and October 1977. On the first hearing day the tenant deposited a sum of Rs. 3600/- said to represent the arrears of rent due from him. In the written statement the tenant also took. the stand that the rent for the months of April and May 1976 had already been paid. After some hearing, the tenant absented himself and the petition for eviction was ordered ex parte. Thereupon he filed a petition to set aside the ex parte order contending that the landlord had met him on the last Saturday of July, 1978 and after some discussion he told him that he would withdraw the eviction case. The Landlord also received cheques from him towards rent. The tenant did not appear again in Court as the Landlord had promised to withdraw the case and he believed him in good faith. The Landlord denied the allegation that he had agreed to withdraw the case. The tenant examined himself on his side but the landlord refrained from entering the witness box. The Court accepted the case of the tenant and set aside the ex parte decree. The Court observed,