SHAM SUNDER Vs. RAVINDER NATH SHARMA

JUDGEMENT

(1.) The brief facts, out of which the present revision petition has arisen, are that respondent filed an ejectment application against one Mohan Lal (predecessor-in-interest of the petitioner) for his eviction from the demised premises. In the said ejectment petition, the tenant-petitioner was proceeded against ex-parte and, therefore, an ex-parte order of eviction dated 4.4.2009, was passed against him.

(2.) The tenant-petitioner filed an application for setting aside the aforesaid ex-parte order of eviction dated 4.4.2009 before the Rent Controller. The said application was dismissed by the Rent Controller vide order dated 6.5.2010. The tenant-petitioner filed an appeal before the Appellate Authority against the aforesaid order dated 6.5.2010. The said appeal was dismissed by the Appellate Authority vide impugned order dated 1.8.2011 holding that the same was not maintainable.

(3.) The instant revision petition has been filed by the petitioner, (successor-in-interest of Mohan Lal, who had expired during the pendency of appeal before the Appellate Authority) challenging the order dated 1.8.2011 of the Appellate Authority and the order dated 6.5.2011 of the Rent Controller whereby their prayer for setting aside ex parte decree dated 4.4.2009 and the order dated 9.9.2008 proceeding ex parte against them, was rejected.