KANTA Vs. AHMED

JUDGEMENT

(1.) This appeal is directed against the judgments dated 11th July, 1975 passed by Shri M.A.Khan, 6th Additional Rent Controller, Delhi and May 19, 1978 of Shri P.K.Bahri, Rent Control Tribunal, Delhi.

(2.) The brief facts of the case are that the respondent brought the eviction petition against Goverdhan Lal on the grounds covered by Clauses (e)and (j) of the proviso to sub-Section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as `the Act'). The said Goverdhan Lal was proceeded against ex-parte vide Order dated 16th September, 1970 and an Order for ex-parte eviction was subsequently passed on 24th September,1970. The application which is the subject matter of the present proceedings for setting aside of that Order was moved before the learned Rent Controller on 26th September, 1970. The pleas raised in the application are referred to in paragraph 2 of the Order passed by the Additional Rent Controller which reads as follows:-

(3.) The learned Additional Rent Controller came to the conclusion on appreciation of material on record that the material evidence of a doctor in this case and also the omission of mention of the illness of the deceased Goverdhan Lal made it hard to believe that the deceased was too ill to come to Court on 16th September, 1970. It was also held to be not believable that the deceased could have sent Vishwa Nath without giving the particulars of the Court in which the case was pending. The averments made in the application for setting aside the ex-parte Order were disbelieved and it was held that no sufficient cause for the absence was made out and the impugned eviction Order was upheld and an application under Order 9 Rule 13 Civil Procedure Code . as a consequence was dismissed.