GURBACHAN SINGH Vs. CHARANJEEV BHARDWAJ

JUDGEMENT

(1.) The property in dispute belonged to Kundan Lal on whose death a suit for partition was filed in which the Senior Subordinate Judge, Ludhiana, appointed Shri Charanjiv Bhardwaj, Advocate, Ludhiana, as Receiver of the estate of late Kundan Lal. The property in dispute was under the tenancy of Gurbachan Singh and the agreed rate of rent was Rs. 330/- per mensem.

(2.) Shri Charanjiv Bhardwaj filed an ejectment application on 10th of September, 1976, against Gurbachan Singh tenant on the suit ground of the tenant being in arrears of rent from April, 1969 to 13th of September, 1976. the ejectment application was ordered to be registered on 13th of September, 1976, and a notice was ordered to be issued to the tenant for 22nd of September, 1976. For that hearing, the tenant was not served and a fresh notice was ordered to be issued for 12th of October, 1976. On 12th of Oct., it was ordered that fresh notice be insued on the same process-fee for 26th of October, 1976, and registered cover be also filed. On 26th of October it was found that the report on the notice was that the tenant was out of station and the Rent Controller ordered that fresh registered cover and process-fee be filed for 15th of November, 1976. On 15th of November, 1976, the Rent Controller noticed the report that the tenant was evading service and, therefore, ordered that registered cover and process-fee be filed for 9th of December, 1976. On 9th of December, 1976, the Rent Controller found that the report was that the tenant was out of station. As the ejectment application was spending since 13th of September, 1976, the Rent Controller war of the opinion that the tenant was evading service and, therefore, ordered that he be served by munadi (proclamation) for 3rd of January, 1977. The proclamation was made on 26th of December, 1976, for 3rd of January, 1977. Since no appearance was put in on behalf of the tenant on 3rd of January, 1977, the Rent Controller ordered ex parte proceedings and fixed 17th of January, 1977, for ex parte evidence.

(3.) While the case was still at the evidence stage, the tenant put in an application before the Rent Controller on 19th of May, 1977, alleging that no came to know of the ejectment petition on 17th of May, 1977, and inspected the record of the case on 18th of May, 1977, and thereafter was filing the application for setting aside the ex parte proceedings on coming to know that ex parte proceedings had been ordered against him on 3rd of January, 1977. In para 3 of the application, it was specifically stated that the absence of the applicant was not intentional but was bonafide one to non-service of the notice and that he did not come to know of the pendency of the case even by proclamation (munadi) and no was not present at the address given in the ejectment application nor was he informed about the proclamation by anybody else.