HARBANS SINGH Vs. MOOL CHAND

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller dated September 30, 1988 whereby the application for setting aside the ex parte proceeding filed by the tenant was dismissed.

(2.) THE landlord Mool Chand filed an ejectment application on 23rd January, 1986, on the sole ground of non-payment of arrears of rent with effect from 1st August, 1984 to 31st January, 1986, at the rate of Rs. 200/- per month. Many efforts were made to serve the tenant. Ultimately, he was served by affixation and by munadi and ex parte proceedings were ordered on 15th May, 1987. Application for setting aside that there was no service ever effected on the tenant petitioner. It may be made clear here that in theapplication, the tenant never stated that he was ready and willing to tender the amount of arrears of rent claimed by the landlord. The Rent Controller after framing the issues and allowing the parties to lead evidence came to the conclusion that there was no sufficient ground for setting aside the ex parte proceedings. The learned Rent Controller also found that the tenant was also required to plead in the application for setting aside the ex parte proceedings that he was ready with the arrears of rent and that the same may be accepted. In view of this findings, the application was dismissed.

(3.) AFTER hearing the learned counsel for the parties, I do not find any merit in this revision petition.