MAHABIR SEWA SAMITI REGD Vs. PARKASH COAL DEPOT

JUDGEMENT

(1.) MAHABIR Sewa Samiti (Regd.) Baikhunthpuri, Shahabad (M) is a registered Society and is the landlord in respect of the shop in question and it was let out to Parkash Coal Depot, Shahabad at the rate of Rs. 200/- per mensem vide a rent note dated 16. 10. 1984 and Krishan Lal Anand was alleged to be a sub-tenant. A petition for eviction was instituted mainly on the plea of non-payment of rent since 16. 6. 1987. The respondent No. 2, the sub-tenant, was given up The proceedings against the tenant were ordered ex-parte on 12. 6. 1990 and on the plea of non-payment of rent an order of eviction was passed ex-parte by Shri Dewan Chand, Rent Controller, Kurukshetra on 28. 2. 1991.

(2.) AN application was made for setting aside the ex-parte order of eviction by tenant alleging that he did not know that these summons related to a fresh eviction petition inasmuch as two eviction petitions were already pending against him. Shri Dewan Chand has passed an order setting aside the ex-parte order of eviction on 5. 12. 1991 and aggrieved against it the landlord has moved the present revision.

(3.) ON behalf of the petitioner it has been pleaded that the Rent Controller should have framed as issue whether there was sufficient cause for non-appearance of the tenant and whether the application for setting aside the ex-parte order of eviction was within limitation.