DR. VIJAYA KUMARI Vs. SATYA PRAKASH AGARWAL

JUDGEMENT

(1.) Smt. Dr. Vijaya Kumari, who is the tenant of the demised premises being the victim of unfortunate circumstances, seeks to revise the orders of eviction passed by the Courts below.

(2.) When the respondent-landlord refused to receive the rent, the tenant- revisionist herein filed R.C. No. 315/85 in the rent Court on 28-8-1985 along with an Interlocutory Application No. 658/85 to permit her to deposit the rents. To this, counter was filed by the respondent stating that the tenant should not be permitted to deposit the rents. However, no orders were passed thereon. Pending the same, the respondent-landlord filed R.C. No. 314/85 on 24-9-1985 for eviction of the tenant on the ground of default in payment of rent. Thereafter an application in I.A. No. 1266/85 was filed under sub-section (4) of Sec. 11 of the Rent Act and for counter of the tenant, it was adjourned twice and finally posted on 2-4-1986 and since no counter was filed, it was ordered that the rent be paid by 16-4-1986; orders were passed ex parte directing the tenant to vacate the premises as no rent was deposited. Immediately thereafter, on 7-5-1986 I.A. No. 431/86 was filed for setting aside the said exparte order. Also an appeal R.C.A. No. 191/86 was filed against the said order passed on 16-4-1986 which was confirmed by the appellate Court. Hence this revision. No orders have been passed in I.A. No. 433/86 for setting aside the ex parte order.

(3.) In the affidavit filed by the advocate himself, appearing for the tenant, in support of the application filed for setting aside the ex parte order, it is averred :