PRADEEP KUMAR Vs. NARENDER

JUDGEMENT

(1.) THIS petition is directed against the order dated 24.4.2003 of the Rent Control Tribunal whereby the learned Tribunal has dismissed the appeal of the petitioner arising out of the order of the Additional Rent Controller, Delhi who decreed the eviction under Section 14(1)(h) of the Delhi Rent Control Act (for short the Act).

(2.) IT is contended by counsel for the petitioner that he was proceeded with ex -parte by the learned Rent Controller vide order dated 21.11.2002 in the application under Section 14(1)(h) of the Act and had moved an application under Order IX Rule 13 CPC which application was dismissed on 5.3.2003. He submits that he challenged the final order of ejectment on the grounds of Section 14(1)(h) of the Act as also the dismissal of the order refusing to set aside the ex -parte order.

(3.) COUNSEL for the respondent on the other hand contends that the order of eviction was passed ex parte after the Controller satisfied himself that notice was duly served on the petitioner and even otherwise the application for setting aside ex -parte order which was declined on 5.3.2003 was not the subject matter of challenge before the Tribunal and this court while appreciating the case under Article 227 of the Constitution should not go into the nitty -grities of the material produced but should go into the illegality of the order under challenge if at all.