K.L.BHAGI Vs. AMRIT KAUR BAWEJA

JUDGEMENT

(1.) THE order impugned before this court is the order dated 24.09.2001 passed by the Additional Rent Control Tribunal (ARCT) which has reversed the findings of the Additional Rent Controller (ARC) dated 01.12.1999 wherein the application filed by the tenant under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as ,,the Code) seeking setting aside of the ex parte decree dated 03.10.1998 had been allowed; matter had been remanded back to the ARC who had been directed to deal with the case on its merits.

(2.) RECORD shows that the eviction petition has been filed by the landlord-K.L. Bhagi against tenant-Amrit Kaur Baweja on the ground of Section 14(1)(a) of the Delhi Rent Control Act (hereinafter referred to as DRCA). The premises in question are A6, C.C. Colony, Delhi; the premises comprise of a godown which had been let out to the tenant for a commercial purpose. The averments made in the eviction petition have been perused. It has disclosed two addresses of the tenant i.e. (i) A6 Ground Floor, C.C. Colony, Delhi and (ii) H2/10, Vikas Puri, New Delhi. Summons were sent at the aforenoted addresses; on 10.03.1998, the ARC had noted that the reports sent by the postal authorities state that the tenant is residing at Ramesh Nagar; accordingly summons were ordered to be served to the tenant at his Ramesh Nagars address i.e. 77B, Single Storey, Ramesh Nagar, New Delhi; this was reiterated on 22.04.1998. Summons were returnable for 26.05.1998. On 26.05.1998, the ARC had noted that on the perusal of the reports, the respondent cannot be served by ordinary process and as such summons were ordered to be served through publication to be effected in "Veer Arjun".

(3.) CONTENTION of the petitioner that on page 92 (paper book) the tenant has himself adverted to the address of Vikas Puri is an argument without force as all these documents (on page 92) are after the date of 30.04.1998, all relating to May and June 1998; admittedly, the tenant had shifted from this address on 30.04.1998; these documents did not in any manner advance the submission of the petitioner.