PRAMOD CHANDER Vs. ISHWAR DAYAL

JUDGEMENT

(1.) This second appeal is preferred against the judgment dated 26th July, 1988 passed by the Rent Control Tribunal, Delhi. By one common judgment, three appeals were decided. We may have to notice the facts and events of the case leading to the filing of the present appeal, to appreciate the issue involved.

(2.) The appellants are the owners and landlord of house property bearing No.A-10, Defence Colony, New Delhi. The property consisted of two bedrooms, two bathrooms, drawing-cum-dining room, kitchen with loft, lawn and courtyard at the back, one loft above the kitchen and bathroom. Monthly rent agreed to between the parties was Rs.1,150/-. This property was let out to the respondent herein on 20th July, 1979. Within nine months of the letting, i.e. on 21st February, 1980 the appellants filed eviction petition under Section 14 (1) (e) read with Section 25B of the Delhi Rent Control Act (hereinafter referred to as `the Act') seeking eviction of the respondent on the ground that the appellant No.2 needed the premises for their own residence. Summons of this eviction petition were sent to the respondent through registered post. The Postman on the envelope made the remarks on 29th February, 1980 to the effect that the respondent had refused to accept the summons. Believing this report, the Additional Rent Controller proceeded with the matter ex-parte and passed ex-parte eviction order dated 15th July, 1980 and gave six months time to the respondent to vacate the premises. This six months period expired on 15th January, 1981. The appellants took out execution proceedings and obtained warrants of possession. Pursuant thereto, the possession of the premises was taken by the appellants with the assistance of the Bailiff on 20th January, 1981. It may be mentioned at this stage that when the court Bailiff went to the tenanted premises to take the possession and the respondent therefrom acquired the knowledge of the ex-parte decree, the respondent approached the Additional Rent Controller for staying of the execution which was not granted and matter was adjourned to 20th January, 1981 for report. Same day appeal was also preferred before the Rent Control Tribunal (for short `the Tribunal) and in appeal order of execution was stayed by the Tribunal on 20th January, 1981. However, in the meantime as noted above, part possession of the premises was taken by the appellants.

(3.) Thereafter, the respondent moved application under Section 25-B(4) & (9) of the Act read with Order IX Rule 13 of the Code of Civil Procedure (CPC) for setting aside the ex-parte order.