MIRZA RASHEED ALL SAFAVI Vs. G BHASKAR RAO

JUDGEMENT

(1.) The landlord preferred this revision aggrieved by the order of the learned I Additional Rent Controller, Hyderabad in setting aside the exparte order of eviction passed against the tenant on 21-12-1992 in R.C.No. 315 of 1992 which was confirmed by the learned Chief Judge, City Small Causes Court, Hyderabad, in R.A.No. 67 of 1993.

(2.) When the C.R.P. came up for admission, the learned counsel for the respon- dent-caveator has taken notice and both the learned counsel have addressed elaborate arguments. It is, therefore, felt that the revision petition should be disposed of even at the stage of admission, because, I had the benefit of hearing both the learned counsel at length.

(3.) The petitioner herein filed R.C.No. 315 of 1992 for eviction of the respondent-tenant from the non-residential premises bearing Municipal No. 21-1-1126 situated at Pathergatti, Hyderabad (hereinafter referred to as 'the suit premises'), on the grounds of wilful default in payment of rent for three months, bona fide personal occupation and making unauthorised alteration. There is no personal service of summons on the tenant. The General Power of Attorney of the landlord filed an application on 17-11-1992 for substituted service. The learned Rent Controller allowed the substituted service and basing on the publication made in a local Telugu Daily known as "Chukkani", the tenant was set exparte on 21-12-1992. On that day, the learned Rent Controller adjourned the case to 28-1-1993. On a petition filed by the landlord to advance the case in I.A. No. 440 of 1992, the case was advanced, the G.P.A of the landlord gave evidence and exparte eviction order was passed granting one month's time for vacating the premises. The exparte decree of eviction was executed on 4-2-1993 and the tenant was dispossessed from the suit premises on that day.