SAPNA SAREE HOUSE Vs. DHARAM PAUL

JUDGEMENT

(1.) BY this writ petition under section 15(2) of the East Punjab Urban Rent Restriction Act, 1949, the petitioners seek the setting aside of an order dated 11.8.1982 of the learned Rent Controller, Ludhiana refusing to set aside the ex parte order dated 20.7.1981, ordering ex parte proceedings against the petitioners in ejectment proceedings filed by respondents No. 1 and 2.

(2.) BRIEFLY stated, the facts of the case are that the present respondents filed an application for ejectment against the petitioners on various grounds. It is not necessary to go into the history of the case. Suffice to mention that summons were issued for the service of the petitioners for 20.7.1981. The petitioners were served for that date. They engaged Shri Subhash Sharma, Advocate as their counsel. On 20.7.1981, Shri Sharma, accompanied by Surinder Singh petitioner, went to the Court of the learned Rent Controller in the morning. They came to know that the case had been adjourned by the learned Rent Controller to 25.8.1981, on the ground that the petitioners-tenants had not been served. Shri Subhash Sharma, Advocate and Surinder Singh petitioner came back. The petitioners had handed over the arrears of rent, costs and interest etc., for payment to the landlord in Court. The petitioners and Shri Sharma went to the Court of the Rent Controller on 25.8.1981, the adjourned date and were surprised to know that on the previous date, i.e. 20.7.181 the learned Rent Controller had ordered ex parte proceedings against the petitioners by a subsequent order of that date. On that very day, they filed an application for setting aside that ex-parte order. The respondent-landlords appeared and contested the application for restoration and pleaded inter alia that the tenants had been served and they did not intentionally appear in Court. They had come to know about the orders regarding ex parte on 20.7.1981 and intentionally did not do anything to get the same set aside at an early date. On the pleadings of the parties, the learned Rent Controller framed the following issues :-

(3.) IT will be appropriate to notice the orders passed by the Rent Controller on 20.7.1981 at the very threshold. The first order reads :