BHAGWATI DEVI Vs. LACHHI RAM

JUDGEMENT

(1.) The petition-landlord filed a petition under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act) against the tenant Lachhi Ram. The first date of hearing was 6th February, 1982 on which date the tenant did not appear and he was proceeded against ex-parte. On 10th February, 1982 an application for setting aside the ex-parte proceedings was filed on behalf of the tenant which was contested by the landlord. After the parties were allowed to lead the evidence in this behalf, the learned Rent Controller found that there was no reason to set aside the ex-parte order and consequently dismissed the application. Dissatisfied with the same the tenant filed an appeal before the Appellate Authority. In the said appeal, the learned counsel for the tenant made a statement that in case the appeal, accepted and the ex-parte order is set aside then the appellant (tenant) shall not contest the legal right of the landlord so accrued to her, on account of the non-tendering of rent by the tenant within the statutory period as required by the Rent Act. In view of the statement made by the counsel for the tenant, the appeal was accepted and the order of the learned Rent Controller dated 6th February, 1982 was set aside with the rider so far as the legal right so accrued in favour of the landlord on account of non-tendering of rent by the tenant within the statutory period was concerned. Dissatisfied with the same the landlord has filed this petition in this court.

(2.) At the time of the motion hearing a Full-Bench judgment of this Court reported in Daya Chand etc. v. Bir Chand re., 1983 85 PunLR 775 was relied upon to contend that the order of the learned Rent Controller was not appealable. It is not disputed on behalf of the tenant-respondent that in view of the said Full Bench judgment, the appeal filed by him was not competent before the Appellate Authority. In this view of the matter the petition succeeds and the order of the Appellate Authority is set aside. However, it is open for the tenant to join proceedings after the ex-parte order passed against him. The right which has accrued to the landlord on account of the non-payment of the arrears of rent within the time prescribed will not be affected on that account.

(3.) The parties have been directed to appear in the court of the Rent Controller on 23.4.1984.