B D SHARMA Vs. LEELA PALL

JUDGEMENT

(1.) THIS is a tenant's revision petition against the order dated 28 9-19 8, whereby the application filed by him for setting aside the ex-parte order dated 8-9-1986, was dismissed by the Rent Controller, Hoshiarpur.

(2.) MRS. Leela Pall landlady respondent filed an application for ejectment against the tenant-petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act ). The tenant petitioner was served for appearance in Court for 8-9 198ft on which date he failed to appear in Court despite service and as such was proceeded against ex parte and the case was adjourned to 26. 9. 1986 for ex-parte evidence of landlady.

(3.) TENANT-PETITIONER moved an application praying for setting aside the ex-parte proceedings on 22 9 1986 on the plea that he fell ill on 6-9-1986 and. therefore, could not attend the Court on 8-9-1986, his absence was not intentional and in fact it was due to unavoidable circumstances beyond his control. The landlady opposed the application for setting aside the ex-parte proceedings mainly on the ground that illness of tenant-petitioner was a made up story and since the tenant-petitioner had failed to pay arrears of rent on the first date of hearing i. e. 8-9-1986, he deserved to be evicted and that no ground was made out for setting aside the ex parte proceedings.