ESQUIRE PROPERTY DEALERS Vs. VED PARKASH SARDANA

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant with a prayer for setting aside the exparte order of ejectment dated 2.11.2000 and setting aside the order dated 14.8.2001 dismissing the application for setting aside the exparte order of ejectment passed by the Rent Controller, Chandigarh. Briefly, the facts which are relevant for the decision of this revision petition are as under :

(2.) THE petitioners were inducted as tenant on the first floor, except the Kitchen of SCF No. 12, Sector 8-B, Chandigarh at a monthly rent of Rs. 700/- exclusive of water and electricity charges, payable in advance by the 7th of each calender month. The tenancy was created by executing a rent deed dated 6.4.1985. This agreement stipulates that there shall be increase in rent of Rs. 50 per month after one year. After six years, the increase per month shall be Rs. 100/-. According to the respondents landlord, the petitioners were in arrears of rent. The rent was due from 1.4.1995 till 15.12.1997. Since no rent was paid, the landlord filed a petition for ejectment of the petitioner-tenant from the demised premises on the ground of non-payment of rent. Sometime during the proceedings before the Rent Controller, the petitioner-tenant was ordered to be proceeded ex parte. On application made by the petitioner-tenant ex parte proceedings were set aside on 11.1.2000. Thereafter, the petitioner- tenant was again proceeded ex parte on 17.5.2000. This order was also set aside on 1.7.2000 on payment of Rs. 500/- as costs. The case was adjourned to 1.9.2000. Thereafter the petitioner was again proceeded ex parte. The ejectment order was passed 2.11.2000. The petitioner filed an appreciation before the Rent Controller on 22.12.2000 for setting aside the exparte order. The main ground taken in the application for setting aside the exparte order was that the petitioner-tenant was suffering from a Dislocated Slip Disc and was confined to bed in Delhi for a period of 1-1/2 months. It was stated that as consequence, no instructions could be given to the counsel who were to appear in Court of Rent Controller in Chandigarh. After hearing the parties, the Rent Controller has dismissed the application by order dated 14.8.2001.

(3.) IN support of this submission, the learned Sr. Counsel has relied on a judgment of this Court in the case of Subash Chand and others v. Ishwar Chand, A.I.R. 1985 NOC 246 (P&H).