BALBIR SINGH & ANR. Vs. SUNNY JAIN

JUDGEMENT

(1.) THIS petition is a classic case of abuse of process of law at the instance of the tenant -petitioners. The respondent -landlord filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 for eviction of the petitioner -tenants on the ground of non -payment of rent and that the demised premises have become unfit and unsafe for human habitation. Upon notice, the petitioner No. 1 failed to appear and ex -parte proceedings were initiated against the petitioners vide order dated 31.10.2003. Petitioner No. 2 was also proceeded against ex -parte vide order dated 22.9.2003 and resultantly, ex -parte order of eviction dated 24.8.2004 was passed by the Rent Controller, Gurgaon.

(2.) AGAINST the aforesaid ex -parte order of eviction, the petitioners filed an application for setting aside the ex -parte orders dated 22.9.2003 and 31.10.2003. However, the said application was dismissed by the Civil Judge (Junior Division,), Gurgaon vide order dated 26.7.2010.

(3.) INSTEAD of challenging the aforesaid order within limitation, as per the permission granted in the civil revision, the petitioners filed an appeal before the Appellate Authority against the order dated 24.8.2004 whereby they were ordered to be evicted ex -parte. The said appeal was dismissed by the Appellate Authority vide order dated 18.10.2011, holding that there were no sufficient reasons for condoning such a huge delay of more than seven years.