TARA SINGH Vs. DEWAN SINGH PURI AND ORS.

JUDGEMENT

(1.) The impugned order of the rent controller declining to set aside ex -parte proceedings against the Petitioner -Tara Singh warrants no interference in revision.

(2.) Tara Singh and his brother Kartar Singh were tenants in the same house under the same landlady. An application for ejectment was filed against them inter alia on the ground of non -payment of arrears of rent. The evidence on record shows that Tara Singh refused to accept service of summons and did not,, therefore, appear while his brother Kartar Singh contested the application by denying the relationship of landlord and tenant between him and the land -lady. The arrears of rent were also not tendered. After an order of ejectment had been passed against the Petitioner and his brother, an application was then filed by Tara Singh seeking the setting aside id ex parte proceedings on the plea that he had not been duly served and it was also his case that he did not have good relations with his brother -Kartar Singh.

(3.) In support of this case, the Petitioner sought to place reliance upon the affidavit exhibit P/2 of Prem Singh to the effect that it was he who told the Petitioner about the pendency of proceedings against him. A reading of this affidavit would, however, shows that the said Prem Singh has not disclosed how he came to know of the pendency of these proceedings. It is also note worthy that he is a close relative of the Petitioner.