SURJITSINGH BEANTSINGH BHATIA Vs. SUBHASH RAMBILAS BANG

JUDGEMENT

(1.) BY this petition under articles 26 and 227 of Constitution of India, the petitioner/tenant challenges the order dated 31st March, 1990 passed ex pane by Rent controller, Karanja and order dated 8-8-1991 passed by that authority refusing to set aside the said ex parte order and further order dated 22-8-1990 passed by the Resident Deputy collector, Akola, holding that the appeal is not maintainable.

(2.) BRIEF facts giving rise to the filing of this petition are that the present petitioner is a tenant, occupying house No. 87 located at plot No. 50, old Ward No. 28 consisting of two rooms at Karanja. This house admittedly belongs to the respondent. The respondent filed proceedings under clause 13 (3) (i) (ii) (viii) (ix) of C. P. and Berar Letting of Houses and Rent Control Order, 1949 (for short, Rent Control Order) and sought permission to issue quit notice to the petitioner/tenant. The petitioner did not get any notice and, therefore, did not appear. However, on 19th April, 1989, the Rent Controller observed that summons sent to petitioner is returned back with endorsement "refused" and, therefore, proceeded ex parte against the petitioner. The final order was passed by Rent controller on 31-3-1990 by which the Rent controller granted permission to respondent to issue quit notice.

(3.) THE petitioner states that he had not received any notice about the rent control proceedings. The advocate for landlord, Shri. Rathi forwarded a legal notice on 5-11-1990, which was received by the petitioner on 7-11 -1990 and it is through that notice that the petitioner learnt about the ex parte decision of rent Control case on 31-3-1990. Hence on 21-11 -1990, the petitioner filed an application for setting aside the ex parte judgment. The said application has been rejected on 8-8-1991 by learned Rent Controller on the ground that he has already passed final order on 31st march, 1990 and there are no proper reasons to re-open the case. He directed the concerned parties to approach the appellate court.