MANGAL SINGH Vs. GOBIND RAM

JUDGEMENT

(1.) The respondent-landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the petitioner-tenant seeking his ejectment from the residential premises on the ground that the tenant was in arrears of rent and that he (landlord) needed the premises for his own use and occupation.

(2.) The Rent Controller dismissed the ejectment application holding that the landlord had failed to prove his personal necessity for the premises in question though the arrears of rent were tendered on the first date of hearing.

(3.) The landlord preferred an appeal before the lower appellate authority. The tenant was duly served with notice of the appeal for 2nd February, 1989 but he did not put in appearance in Court and was thus, ordered to be proceeded ex parte vide order of the said date. The matter was thereafter adjourned from time to time and ultimately vide order dated 18th September, 1990 the appeal was allowed and an ejectment order was passed against the tenant.