LAWS(DLH)-1987-8-13

HAKIM MISHAH UD DIN Vs. ABDUL SHAKEER

Decided On August 10, 1987
N.BALAKRISHNAN Appellant
V/S
LT.COL.M.M.LAL Respondents

JUDGEMENT

(1.) This revision petition by the tenant is directed against the ex-parte eviction order dated 17-7-1986 passed by the Addl. Rent Controler, Delhi.

(2.) The respondent-landlord had filed a petition for eviction under section 14(l)(e) read with section 25-B of the Delhi Rent Control Act. Notice of the petition under the prescribed form was issued to the petitioner-tenant. The Process Server reported that he had gone to the premises on 26-5-1986 along with the landlord. Someone came out and he stated that the petitioner-tenant was inside and he would have the signatures of the petitioner on the said summons. The person took the summons in side and brought it out with the signatures which were witnessed by the landlord himself. From the report, it is clear that the Process Server had not seen the petitioner and was not in a position to identify the petitioner. On the basis of that report, the service was treated as complete. In the absence of anybody putting in appearance the Addl. Rent Controller passed the eviction order. As a consequence of the eviction order, the respondent took out execution and dispossessed the petitioner on 25-2-1987.

(3.) According to the petitioner he was never served with the summons and he came to know about the eviction order only when the proceedings for dispossessing him were taken and he was actually dispossessed.