KARTAR SINGH Vs. SH RAMTEJ PAL

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller dated March 18,1988, whereby the application under Section 13 A of the East Punjab Urban Rent Restriction Act as amended, was dismissed ex-parte.

(2.) THE landlord filed the ejectment application under Section 13-A of the Act aforesaid. Notice of the same in the form prescribed under Sub-section (J) of section i8-Aofthe Act, was given to the landlord. Summons were served on him on March 9, 1988 According to the said summons, the tenant was to appear before the Rent Controller within 15 days of the service thereof and to obtain the leave of the Controller to oppose the application for eviction under Section 13-A. Before the expiry of 15 days from the service of the summons, the learned Rent Controller dismissed the ejectment application on March 18, 1988, without waiting for the affidavit, if any, of the tenant in reply to the ejectment application under Section 13-A.

(3.) THE learned counsel for the petitioner submitted that the procedure followed by the Rent Controller was wrong and illegal. Since the tenant was entitled to obtain the leave of the Rent Controller within 15 days of the service of summons, he should have waited for that time and in case after the expiry of the said period, the tenant did not appear before the Rent Controller, then, in view of the provisions of sub-section (4) of Section 18a of the Act, it will be deemed that the tenant had admitted the averments made in the application for ejectment. Thus, argued the learned counsel, the case should be remanded to the Rent Controller for deciding the matter afresh after hearing the tenant on merits, if any.