D A SHAHNI Vs. H D MEHRA

JUDGEMENT

(1.) This is a tenant's second appeal against the order of the Rent Control Tribunal and Controller by which they refused to set aside the ex parte eviction order passed against the appellant.

(2.) An eviction application was filed by the respondent-landlord on 8.6.73. Eviction was sought on various grounds mentioned in the eviction application. 21,1075 was the date fixed for the parties, evidence but the court remained busy in some other case . and the same could not be therefore taken up, and the eviction application was adjourned to 19.1 76. On that day, landlord was present but there was no appearance on behalf of the tenant. The Rent Controller recorded the evidence produced by the landlord and passed an ex parte eviction order on 20.1.76.

(3.) On 22."1.76 January, 1976, an application was filed by the appellant tenant praying that by mistake the date in the diary of the counsel had been noted as 21st and that was the reason why neither the tenant nor his counsel appeared. The explanation was found unsatisfactory by the Rent Controller who dismissed on 21.11.77 the application filed under Order 9 Rule 13, CPC by the tenant. The tenant went up in appeal to the Rent Control Tribunal but met -with no better success. The tenant has now come up to this Court in second appeal.