SH. RAJ KUMAR Vs. SH. BRIJ LAL

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 18.10.2002 of the Additional Rent Control Tribunal, Delhi whereby the learned Additional Rent Control Tribunal has set aside the order of the Additional Rent Controller dated 6.5.1995 whereby the Additional Rent Controller had dismissed the application of the respondent under Order 9 Rule 13 CPC. The application under Section 19 of the S.R.C. Act for re -entry had also been dismissed.

(2.) BRIEF facts of the case as noted by the Additional Rent Control Tribunal are as follows: - 'The facts giving rise to the present appeal are the Mool Chand predecessor of the respondent preferred a petition for eviction against the appellant bearing No. -E -344 of 1991 Mool Chand v. Smt.Ram Devi under section 14(1)(A)(b) and (e) of D.R.C.Act. During the pendency of said petition Mool Chand died and his legal represents viz. the respondents were brought on record. In the said petition an eviction order was passed by Shri M.L.Mehta, Addl.Rent Controller on 29.9.85 after proceeding ex -parte against the appellant. The eviction order was passed under section 14(1)(e) of D.R.C. Act and also under section 14(11)(a) of D.R.C. Act if the respondent failed to deposit the rent w.e.f. 4.9.78 up to date @ Rs.200/ - per month within one month from the date of the order.

(3.) THE order noted that the appellant was proceeded ex -parte vide order dated 27.4.82.