KAMAL JAIN Vs. SHANTI DEVI

JUDGEMENT

(1.) THE petitioner wants this Court to interfere with regard to finding recorded of the Rent Controlling Authority that there was no sufficient cause for setting aside ex parte order passed in August, 1992. In fact there is no ground to do so. A litigant who seeks relief of the nature as in present litigation must show his bona fide. This is missing in this case. Blame was sought to be put on the Court officials. This he has failed to establish. With a view to appreciate the controversy facts in brief be noticed.

(2.) IN proceedings taken under Chapter III-A of the M.P. Accommodation Control Act, 1961 the respondent-landlord Smt. Shanti Devi was able to obtain an order of eviction against the present petitioners. This order was passed on 7.8.92. This was ex parte in nature. It is on account of passing of the above order which is ex parte in nature, further proceedings were taken. These are noticed hereafter.

(3.) WHEN the matter went before the Rent Controlling Authority, a plea was taken that the ex parte order passed on 7.8.92 is liable to be set aside. It was inter alia pleaded that the case was fixed for 4.3.92. As per the petitioner, he left the Court premises on the understanding that the Presiding Officer would not be holding the Court after 2.30 p.m. According to him, such an impression was given to him by a Court official. He has further stated that the Court official had informed that the case would be taken up on 27.8.92. He states that he attended the Court on that date, but the case was not listed. He has taken a plea that with regard to the cases, which were to be listed on 27.8.92, again there was no information and, therefore, he pursued the matter further and he came know about the case was to be taken up on 7.11.1992. According to him information about this date was given to him by a Court official. As even on that date, this case was not listed he made enquiries. It is his further case that the official of the Rent Controlling Authority asked the petitioner to come on 23.11.1992. It is on this date, he came to know that the case stood decided on 7.8.1992.