KARMA WALI Vs. RAJINDER SINGH

JUDGEMENT

(1.) The petitioner Smt. Karma Wali is the landlady. The respondent Shri Rajinder Singh is her tenant in the ground floor of house No. F-20, Rajouri Garden at a rent of Rs 140.00 per month.

(2.) On October 7, 1976 the landlady brought a petition for the eviction of the tenant on the ground of personal bonafide necessity specified in clause (e) of proviso to sub-section (1) of S. 14 of the Delhi Rent Control Act, 1958 (The Act). The Additional Controller tried the petition under the newly introduced procedure of S. 25 (B), of the Act. Summons were issued to the tenant. He did not appear. He made no application for leave to defend the case. The Additional Controller, deeming the allegations in the eviction petition to have been admitted to be correct, passed the eviction order against the tenant on February 21,1977.

(3.) On April 12, 1977 the tenant received a notice dated March 31, 1977 from the landlady. From this he came to know that an ex-parte eviction order had been passed against him on February 21, 1977. On April 14, 1977 he made an application to the Additional Controller under O. 9 R. 13 of the Code of Civil Procedure for setting aside the exparte decree. The landlady opposed. The Additional Controller dismissed the application on July 16, 1977 holding, interalia,that the tenant had been sufficiently served by publication in the newspaper and that there was no ground for setting aside the eviction order.