SWARANJIT SHARMA Vs. ATAM PARKASH GANDHI

JUDGEMENT

(1.) THIS Revision Petition arises out of an order, dated December, 9, 1987, of the Rent Controller declining to set aside ex parte order. The petitioner sought the setting aside of the ex parte order of ejectment, dated December 11, 1986, passed under Section 13-A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985 (hereinafter referred to as the Act). A notice was issued on December 3, 1986 in terms of the section 18-A of the Act, relevant provisions run as under :-

(2.) THE Rent Controller is joined to declare that there has been valid service of summons, which he had to do after perusing the reports on various processes by which notices/summonses have been served on the tenant in the form specified which grants fifteen days time to file an affidavit, for permission to defend on the grounds disclosed in the affidavit.

(3.) THE learned Rent Controller after framing the Issues and recording evidence, came to the conclusion that it was incumbent upon the applicant-respondent to appear on December 11, 1986 and then seek fifteen days time for filing application for seeking permission to contest the application. The application for setting aside ex parte order had been filed on December 17, 1986.