JHABBOOLAL Vs. PRABHUDAYAL

JUDGEMENT

(1.) THE present revision petition is against the order dated 8.3.1991 passed by the Rent Controlling Authority, Sagar.

(2.) THE non -applicant had started ejectment proceedings against the applicant under section 23 -A (a) of the M.P. Accommodation Control Act, 1961. The applicant had appeared in this' case and wanted to file his reply but the date 7.11.1990 on which the case was fixed, there were civil proceedings also pending against the applicant in respect of the same accommodation filed by the non -applicant. The applicant was, therefore, sitting in front of the said Court. Unfortunately, he could not hear the call of the case but when he reached the Court, he found "that the case had proceeded ex -parte against him shortly before he 'reached the Court. Immediately, he filed an application for setting aside the ex -parte judgment/order. The said application was taken on record by the Rent Controlling Authority, Sagar, for consideration and the case was fixed for 29.11.1990 which was then adjourned to 29.12.90, 18.1.91, 29.1.91 and 26.2.91 but on 8.3.91 without deciding the application Rent Controlling Authority, Sagar, held that since the non -applicant is a retired Government servant, he requires the suit premises and that the appellant should vacate the same. Aggrieved at this the present revision petition is filed.