SUBHASH CHAND Vs. KRISHAN CHAND

JUDGEMENT

(1.) The present revision petition against order passed by the learned Appellate Authority under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') whereby the Appellate Authority dismissed the appeal against order dated 19.02.2014 passed by the Rent Controller, Ambala. For convenience sake, hereinafter, reference to the parties is being made as per their status before court of first instance.

(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that an application under Order 9 Rule 13 read with Section 151 CPC was filed for setting aside the ex parte proceedings and eviction order dated 28.02.2009. The litigation was set into motion by Krishan Chand by filing petition of ejectment.

(3.) Initially the respondent put his appearance and filed written statement and contested the petition and was proceeded against ex parte before the Rent Contorller on 14.11.2007. Application under Order 9 Rule 13 was filed for setting aside order mainly on the ground that the petitioner was under bonafide belief that he was being duly represented by his counsel. Compromise was arrived at between the parties for enhancement of rent from Rs. 635/- to Rs. 800/-. On the intervening night of 6/7 September, 2009, landlord proclaimed that he got the possession of the shop in dispute and on inquiry, the petitioner found that an ex parte order has been passed against him in violation of oral compromise. The plea was taken that the petitioner should not be punished because of mistake of counsel and for no fault on his part. The said application was contested that the same was not filed within limitation period. No compromise had taken place between the parties. The petitioner had put in appearance before the Rent Controller and, thereafter, none was present on behalf of the petitioner, as such, ex parte judgment was passed.