GURMUKH SINGH Vs. BUDH RAM

JUDGEMENT

(1.) THE petitioners who are the landlords in the present case, had filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short the Act) for ejectment of the respondent-tenant from the premises of House No. 882/4, Circular Road, Ambala City. One of the grounds was that the tenant had not tendered the rent due to the landlord. The tenant did not tender the rent on the first date of hearing and accordingly the learned Rent Controller vide her order dated 14.12.1993 proceeded ex-parte against the respondent-tenant. The respondent-tenant thereafter filed an application for setting aside that ex-parte order on the ground that a wrong date had been noted by his counsel. The petitioners opposed the said application on the ground that the tenant had failed to plead sufficient grounds for his non-appearance on 14.12.1993 on which date he was proceeded against ex-parte. It was further stated that the respondent-tenant, in fact, did not have sufficient means to deposit the rent and, therefore, the petition for setting aside the ex-parte order was liable to be dismissed. The learned Rent Controller vide her order dated 9.4.1994 set aside the ex-parte order dated 14.12.1993 and allowed the application subject to Rs. 150/- as costs. It is against the said order that the present revision petition has been filed in this Court.

(2.) I have heard learned counsel for the parties and with their assistance have gone through the record of the case.

(3.) I have considered the respective contentions of the learned counsel for the parties. It is not in dispute that case has been disposed of at the very initial stage as the respondent-tenant had failed to put in appearance on the first date of hearing. The question that requires consideration in this case is, whether the same would entail eviction of the tenant on the sole ground of his not being able to tender the rent on the date when he put in appearance. Section 13 of the Act provides for eviction of the tenants. Section 13(2) of the Act reads as follows :-