BANSI LAL Vs. SWARAN BHANDARI

JUDGEMENT

(1.) This appeal under Section 39 of the Delhi Rent Control Act, 1958 is directed against the order of the Rent Control Tribunal dated 15th March, 1985.

(2.) On October 3, 1975 Smt. Swaran Bhandari, respondent herein filed a petition under Section 14 of the Delhi Rent Control Act, 1958, for the recovery of possession of the premises in dispute, namely, a shop bearing No. WZ/914, New Rani Bagh, New Delhi, on the allegations that Bansi Lal, appellant herein was in possession of the said shop as a tenant on a monthly rent of Rs. 14.06 and had not paid arrears of rent due from 1.12.1973 inspite of notice of demand and had without the consent of the landlady sublet, assigned or otherwise parted with the possession of the said shop after 9th June, 1952. Eviction was also claimed on the ground of misuser. Summons were issued to the appellant. He could not be served by ordinary process and was ultimately served by substituted service by publication in paper Arya Gazette. He did not appear and an ex-parte eviction order was passed by Additional Rent Controller on 7th March, 1977 on the ground of unauthorised sub-letting to Ram Saran.

(3.) On May 20, 1982 the appellant filed an application under Order 9, Rule 13 read with Section 151, C.P.C. for setting aside the ex-parte order. It was averred that the service by publication in Arya Gazette was not a proper service inasmuch as the said paper had not circulation in the locality and he was never duly served. It was also pleaded that he came to know of the eviction order only on 8.5.82 when the bailiff reached the shop to deliver the possession. This application was opposed. The allegations were denied. It was averred that the appellant came to know of the eviction order in July, 1977.