PHOOSA RAM Vs. ASHOK KUMAR & ORS.

JUDGEMENT

(1.) The respondents are the landlord of the shop in dispute situated in Hissar which is his occupation of the petitioner as a tenant. The case of the petitioner is that on 23rd September, 1975, the respondent ( or Mohan Lal, predcessor-in-interest of the respondents) filed an ejectment petition against him from the shop in dispute on the ground of non-payment of with effect from 1st April, 1972 to 30th September, 1975. The Rent Controller (S.D. Hissar) ordered, that the petitioner be summoned for 9th October, 1975. No notice was issued to him nor any such notice was shown to have been issued to him on the file. Consequently, he did not receive any notice from the Court of the Rent Controller to appear on 9th October, 1975. On 9th October, 1975, the following order was passed on the file :

(2.) On 23rd October, 1975, the Rent Controller recorded an order showing the presence of the petitioner and the failure on his part to tender the arrears of rent. The Rent Controller passed an ejectment order against the petitioner dated 30th October, 1975. The case of petitioner further is that he came to know of the ex-parte order of ejectment passed against him in September, 1977. He approached the Rent Controller for getting the ex-parte ejectment order passed against him set aside. The Rent Controller dismissed his application by order dated 3rd October, 1977 holding that in view of the fact that the presence of the petitioner had been recorded on the file on 9th October, 1975 and again on 23rd October, 1975, it was not material that the file did not show the issuance of notice to him. The petitioner has assailed the order of the Rent Controller dated 3rd October, 1977 in the present revision.

(3.) The respondents have not put in appearance inspite of service.