GIRDHARI LAL Vs. SMT. RATTAN MALA AND ANR.

JUDGEMENT

(1.) This is a revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called in the 'Act') against the order of the Rent Controller, Karnal dated October 6, 1981, refusing to set aside the ex-parte ejectment order. After the enforcement of the Act, the Haryana Government issued a notification on May 8, 1978, conferring on all the District Judges in the area of their respective jurisdiction, the power of Appellate Authority. Prior to this notification, the notification issued by the erstwhile Punjab Government under the East Punjab Urban Rent Restriction Act, 1949 was in force whereunder, the Appellate Authorities were empowered only to hear the appeals against the orders passed under Sections 4, 10, 12 and 13. It was consequently held by this Court that no appeal would be competent against the order of the Rent Controller passed on an application for setting aside the ex-parte ejectment order. But in the notification issued by the Haryana Government under the Act, no such restriction has been placed on the power of the Appellate Authority and all orders finally setting some rights between the parties would be appealable under Section 15(2) of the Act. An appeal against the impugned order, therefore, would be competent and there being no exceptional circumstances to by pass that remedy, I am not inclined to decide this petition on merits. The petitioner may, if so advised, take recourse to the remedy of appeal. The petition is dismissed, with no order as to costs.

(2.) The certified copy of the judgement attached with this petition may be returned to the petitioner, on his furnishing its true copy.