ANAND THOMAS Vs. KERALA VYAPARI VYAVASAI EKOPANA SAMITHI

JUDGEMENT

(1.) It is seen that the 4th respondent is yet to be served with notice of the RCR. We find that the 4th respondent was along with the petitioner a tenant and that he has been arrayed as the respondent in RCR only because he is presently not available in the country. We exonerate the revision petitioner from the obligation of taking out notice to the 4th respondent as we are convinced that the petitioner is espousing the cause of the 4th respondent also in the RCR.

(2.) Under challenge in this revision filed by the joint tenants under Section 20 of Act 2 of 1965 is the judgment of the Rent Control Appellate Authority confirming the order passed by the Rent Control Court dismissing an application filed by the two joint tenants for setting aside the ex parte order of eviction passed against them as well as a separate application filed by them for condoning the delay which was caused in the matter of filing the petition to set aside the ex parte order. Two petitions filed before the Rent Control Court were enquired into by the Rent Control Court and on appreciating the evidence, that Court came to the conclusion that sufficient ground was not made out for condoning the delay for setting aside the ex parte order of eviction.

(3.) The learned Rent Control Appellate Authority under the impugned judgment passed in an appeal preferred by the present revision petitioner(his brother- co tenant having left the country in the meanwhile) has confirmed the order of the Rent Control Court.