WAZIR CHAND Vs. RAKHA RAM AGGARWAL

JUDGEMENT

(1.) The petitioner filed an application for ejectment of the respondent on the ground of nonpayment of arrears of rent. 13th December, 1974, was the first hearing of the application, when the respondent did not appear and the Rent Controller ordered ex parte proceedings and assessed Rs. 25/- as the costs of the application. It appears that soon thereafter the respondent filed an application for setting aside the ex parte proceedings, which application was allowed by the Rent Controller by order dated 16th January, 1975. Costs of Rs. 10/- were imposed on the respondent for setting aside the ex parte proceedings. On that date the case was adjourned for payment of costs and filing of reply to the ejectment application for 21st January, 1975. On 21st January, 1975, neither the costs were paid nor the reply was filed and the case was adjourned to 25th January, 1975, for the same purpose. On 25th January, 1975, the counsel for the respondent wanted to tender the arrears of rent and, therefore, the Court ordered that his statement be recorded and before the statement was recorded, the costs of the ejectment application were again assessed at Rs. 25/-. The counsel tendered Rs. 340/- as arrears of rent and Rs. 32/- as interest and Rs. 25/- as the costs, which tender was illegal, according to the petitioner and was accepted under protest.

(2.) On the contest of the parties, the learned Rent Controller framed the following issues :-

(3.) After the patties were allowed to produce evidence, the Rent Controller by order dated 12th November, 1975, found that the first hearing of the application was 16th January, 1975, the day on which the ex parte proceedings were set aside and since the tender was not made on that date, the ground of eviction on account of non-payment of arrears of rent was made out, and ordered ejectment of the tenant. The tenant went up in appeal and the Appellate Authority by judgment dated 6th September, 1976, came to the conclusion that the costs of Rs. 10/- imposed on 16th January, 1975. while setting aside the ex parte proceedings, was conditional one and until the tenant paid Rs. 10/- as costs, the ex parte proceedings would not be deemed to have been set aside and costs were paid on 25th January, 1975, it will be deemed that 25th January, 1975, was the date on which the ex parte proceedings were set aside. Since the tender was made on 25th January, 1975, therefore, the same was valid, with the result that the appeal was allowed and the order of ejectment passed by the Rent Controller was set aside. The landlord has come in revision to this Court.