MAHESH NARAYAN Vs. RADHARANI BHARGAVA

JUDGEMENT

(1.) RESPONDENT No. 1 Radharani Bhargava has instituted proceedings for eviction of the petitioner in the Court of Rent Controlling Authority, Gwalior. During the proceedings, the respondent No. 1 moved an application that the parties had entered into a compromise and possession is delivered. On this undertaking the proceedings were dropped vide order dated 12.10.1992. Thereafter without any application for review, the case was again taken up by the Rent Controlling Authority on 19.10.1992 and the case was proceeded with. Later on an application for setting aside ex -parte proceedings against the petitioner was filed but the application was dismissed and ex -parte order was passed.

(2.) IN the absence of any review application of the order dated 12.10.1992 further proceedings by the Rent Controlling Authority are without jurisdiction. Unless the order dated 12.10.1992 was reviewed and the order was recalled, the Rent Controlling Authority could not proceed further with the case. The Rent Controlling Authority has not set aside the order dated 12.10.1992 and proceeded further with the case.

(3.) THE revision succeeds and is allowed. In the facts and circumstances of the case, there shall be no order as to costs.