GANGA SARAN SAINI Vs. DROPDI DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and Shri Deepak Rana for the contesting respondent.

(2.) THE predecessor in interest of the contesting respondent preferred a SCC Suit No. 5 of 1988 for eviction of the petitioner from the disputed premises and the same was decreed ex parte on 27.9.1989. It is pleaded that-the petitioner had no knowledge of the said order and continued to pay rent to the landlord. However, the landlord executed sale deeds of the disputed premises in 1994 whereafter execution was filed in 2000 on which notices were served on him only then he came to know about the ex parte order and therefore, moved an application under Order IX, Rule 13 supported by an affidavit for recall of the order and also complied with section 17 of the Small Causes Courts Act. THE Trial Court rejected the application vide order dated 29.8.2007 and the revision has also been rejected vide order dated 30.3.2009 and both the orders are im pugned in this petition.

(3.) IN view of the aforesaid, this petition is allowed and the orders dated 29.8.2007 and 30.3.2009 are hereby quashed and the matter is remanded to the Trial Court who will reconsider the application for recall of the petitioner af ter hearing the parties and take a reasoned decision, if possible within a pe riod of three months from the date of submission of a certified copy of this order and till the decision the petitioner shall not be evicted from the premises.