LACHHMAN DASS Vs. AMARJIT SINGH SAHNI AND ORS.

JUDGEMENT

(1.) The petitioner assails order dated 9.9.2019 passed by Appellate Authority under the Haryana Urban (Control of Rent and Eviction) Act 1973, Yamuna Nagar at Jagadhri, whereby an application filed by the petitioner seeking disposal of his appeal on merits has been dismissed.

(2.) A few facts, necessary to notice for disposal of this petition are that respondents/landlords filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act 1973, seeking ejectment of the petitioner/tenant from residential premises situated in Yamuna Nagar on grounds of non-payment of rent and personal necessity. The Rent Controller, Jagadhri passed an order dated 8.8.2018 assessing the provisional rent and directed the petitioner/tenant to pay the arrears of rent. The petitioner/tenant, however, preferred an appeal against the aforesaid order dated 8.8.2018 of Rent Controller, Jagadhri before the Appellate Authority (Additional District Judge). During the pendency of the aforesaid appeal before the Appellate Authority, the parties settled the matter amongst themselves and got their statements recorded before the Appellate Authority on 25.3.2019 leading the Appellate Authority to pass the following order on 25.3.2019:

(3.) After the aforesaid settlement, the matter was adjourned to 20.4.2019 by the Appellate Authority for further proceedings. However, on the next date, the petitioner/tenant instead of taking any step for honouring the statement made by him earlier towards compromise, moved an application seeking disposal of his appeal on merits while taking a plea that he was allured into making a statement qua compromise by the landlords and his counsel in collusion with petitioner/tenant's counsel whereas he never intended to make any such statement. The averments to this effect made in paras 2 to 4 of the application (Annexure P-3) read as follows: