SHIV DAYAL Vs. ISHWAR DASS

JUDGEMENT

(1.) THIS petition is directed against the order of the Rent Controller, Fazilka, dated 20th October 1981, whereby the application for setting aside the ex-parte ejectment order was dismissed.

(2.) THE land-lord-respondent filed an application dated 7th May, 1976 for the ejectment of the tenant-petitioner inter alia on the ground of non-payment of arrears of rent and change of user. Summons were issued to the tenant-petitioner for the first time for 7th June, 1976. On that date, it was reported by the process server that the tenant refused to accept the service. Consequently, he was proceeded against ex-parte, and ultimately, after recording the ex-parte evidence, order of ejectment was passed in favour of the landlord and against the tenant on 2nd March, 1977. Warrants of possession were sought to be executed on 29th March, 1978, when, according to the tenant, he came to know of the ex-parte ejectment order passed against him. Immediately on the next date i.e. 30th March, 1978, the tenant moved an application for setting aside the ex-parte order of ejectment. It was alleged in the application that he was never served and he never refused to accept the service. As soon as he came to know of the ex-parte ejectment order passed against him, he moved the application under Order 9 Rule 13, Code of Civil Procedure.

(3.) AFTER the evidence was recorded, the learned Rent Controller found that the tenant came to know regarding the institution of the ejectment petition on Ist June, 1976, when he refused to accept the service and, therefore, neither the application was within limitation nor there was any sufficient reason for setting aside the ex- parte order. Dissatisfied with the same, the tenant has filed this petition in this Court.