CHARAN DASS Vs. RAM RULAI

JUDGEMENT

(1.) This revision petition is directed against the order of the Rent Controller, Ludhiana dated 24th October, 1981, whereby the application of the petitioner dated 5th December, 1980, for setting aside the ex parte proceedings was dismissed. The petitioner is a tenant and an ejectment application was filed by the respondent against him, in which ex parte proceedings had taken place The petitioner had applied for setting aside the ex parte proceedings, but he did not appear on the date when his application was fixed for hearing on 8th January, 1981. The reason given by him for his absence was that his sister's husband had been murdered on 4th January, 1981 and his sister was also injured. Mr. Sandhu says that the petitioner is using delaying tactics in order to prolong his ejectment and that the ex parte proceedings were ordered to be taken against him after the publication of the notice in the newspaper and that he has not paid the arrears of rent since 1978. The Petitioner might have been using some delaying tactics, but since the petitioner's brother-in- law had been murdered just 3/4 days before 8th January, 1981, the Rent Controller should not have dismissed the application in default and should have decided the application on merits. Murder of his brother-in-law and his sister having suffered injuries just 3/4 days before 8th of January, 1981, is a sufficient ground for restoration of the application. The petitioner undertakes that he will pay the arrears of rent upto 31st January, 1982 before the Rent Controller on the next date of hearing. According the impugned order dated 24th October, 1981 shall stand quashed if the petitioner pays the arrears of rent upto 31st January, 1981 before the Rent Controller on 20th February, 1982, and the Rent Controller shall decide the application on merits. In case he fails to pay the arrears on the aforesaid date, his application shall stand dismissed.

(2.) Consequently, this petition stands disposed of, but without any order as to costs.