SHAM LAL Vs. S BHAGAT SINGH

JUDGEMENT

(1.) THIS revision petition arises out of an order declining to set aside an ex-parte order of ejectment against the petitioner.

(2.) THE landlord filed an application for the ejectment of the petitioner inter alia on the ground that the rent at the rate of Rs. 180/- per month with respect to the booth rented out to the petitioner-respondent was not paid from April 1, 1985 to October 1, 1986. The application was filed on October 15, 1986 The case fixed for hearing on December 12. 1986 when the summons was served upon the petitioner on November 26, 1986.

(3.) IT is an admitted case that on December 12, 1986 the Rent Controller was on leave. It was ordered that the service be effected on the tenant by registered post, but no process was issued by the Rent Controller by registered post, though it was observed by the Rent Controller that some receipt had been produced by the landlord showing some Registered pest booked by the postal authorities The Rent Controller feeling satisfied that the tenant was avoiding service, ordered substituted service by beat of drum The tenant failed to appear in spite of that, and ex-parte ejectment order was passed on January 9, 1987.