RAMA TALWAR Vs. MAYA DEVI

JUDGEMENT

(1.) The present revision petition has been filed by the tenant for setting aside the order dt. 1-4-1989 of the learned Rent Controller rejecting her application for setting aside the ex parte ejectment order dt. 21st of Jan. 1987.

(2.) Briefly the facts are that the respondent is the owner and landlady of the premises in dispute and the petitioner is keeping part of the premises as tenant. An ex parte ejectment order was passed against the tenant on 21st of Jan. 1987. An application to set aside the ex parte ejectment order was filed by the petitioner on 13-4-1987 and on 1-4-1989 the said application was dismissed. The learned Rent Controller found that the petitioner was served with ejectment application and she had the knowledge of the pending ejectment proceedings and no sufficient grounds have been made out for setting aside the ex parte ejectment order dt. 21-1-1987. Against the said order the present revision petition has been filed by the petitioner.

(3.) The learned counsel for the petitioner has contended that the order is bad in asmuch as the petitioner was not served and the affidavit of the Process Server on the summon is not in accordance with the law. He has further submitted that no sufficient time was given for contesting the petition as the petitioner was alleged to have been served on 15th of Nov. 1986, whereas the petitioner was proceeded ex parte on 18th Nov. 1986 and ejectment order was passed on 21-1-1987. In support of his contention he has placed reliance on the following judgments :-