KRISHNA KUMAR SHARMA Vs. RAJ GARG

JUDGEMENT

(1.) THIS writ petition is directed against two orders one dated 4-2-1988 and the other dated 31-3-1988 passed by 9th Additional District Judge, Bulandshahr, Respondent No. 3. By the first order, the revision filed by the respondent no. 1 landlady was allowed on merits ex-parte against the petitioner. By the second order the said respondent no. 3 dismissed the application of the petitioner seeking recall of the former order, and restoration of the revision for fresh consideration.

(2.) THE petitioner Krishna Kumar Sharma, an office-bearer of District National Union of India was allotted House No. 6 (new number being 19/16) Bhoor, Bulandshahr on 1st October, 1975, of which Smt. Raj Garg, respondent no. 1 is the landlady and the owner thereof. THE said allotment order was unsuccessfully challenged in revision under section 18 of the Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "the Act") by the respondent no. 1. However, the order passed in revision was set aside by this Court on a writ petition being filed at the instance of respondent no. 1. THE case was remanded to the Revisional Court for fresh consideration. THE revisional court in its turn set aside the allotment order and remanded the case to the Prescribed Authority, namely, the Rent Control and Eviction Officer for deciding the allotment application afresh.

(3.) THE reason for proceeding ex-parte against the petitioner as indicated in the order dated 4-2-1988 of the respondent no. 3 was that "the petitioner remained absent in the case inspite of personal and sufficient service.".