HAZARA SINGH Vs. TANPAL

JUDGEMENT

(1.) The respondent-landlord sought eviction of the petitioner tenant on two grounds: (i) non-payment of arrears of rent; and (ii) the shop was unsafe and unfit for human habitation. The tenant was served for 24th of Jan, 1977. That day was suddenly declared as a holiday and therefore, the Courts remained closed that day the case was put up before the Rent Controller on the 25th Jan, 1977, on which date he passed the following order:- "File put up today. Defendant be re-summoned on filing of process- fee and also by beat of drum on filing of fee with in three days."

(2.) On 25th Feb, 1977, when the case was called, the following order was passed:-

(3.) On 29th Apr. 1977 ex parte ejectment order was passed against the tenant. Thereafter on 26th July, 1977, the tenant filed the application under O. 1X, R. 13, Civil P. C. for setting aside the ex parte order of 25th Feb., 1977 and 29th Apr., 1977. The petition was opposed on two grounds:--