MAM RAJ Vs. SURESH CHAND

JUDGEMENT

(1.) MAM Raj, tenant herein, had filed the present revision petition against the order of ejectment passed against him by both the Courts below. He died during the pendency of this revision petition and his legal representatives have been impleaded vide order dated September 23, 2002, passed by this Court.

(2.) THE brief facts of the case are that on 13.6.1986 Suresh Chand and Naresh Kumar, respondents-landlords herein, filed an ejectment application against the tenant under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') for his ejectment on the ground of non-payment of rent from 1.8.1983 to 31.5.1986. The rate of rent was claimed as Rs. 40/- per month plus the house tax. Pursuant to the notice issued by the trial Court, the tenant appeared and contested the ejectment application. Though, he admitted the rate of rent as Rs. 40/- per month, but denied the house tax, as claimed by the landlords. However, it was submitted that he had already paid the rent up to 31.5.1986 and no rent is due towards him. He, therefore, did not tender any amount of rent on the first date of hearing. On the pleadings of the parties, the following issues were framed by the learned trial Court on 25.4.1987 :-

(3.) THEREAFTER the case was adjourned to 27.1.1988 for evidence of the landlords. On that day, no witness was examined and the case was adjourned to 19.4.1988, on which date again to witness was examined by the landlords and the case was adjourned to 5.8.1988. On that day, neither the tenant nor his counsel was present and he was proceeded against ex-parte and landlords examined one witness as AW.1 and the following order was passed :