BIKRAMJTIT SINGH PAUL Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is a revision petition filed by the tenant Bikramjit Singh Paul against the order dated 21st August, 1975 of the Rent Controller, Ludhiana, whereby he dismissed his application made under order 9 Rule 13, Code of Civil Procedure Code, for setting aside the ex -parte order from ejectment passed against him on 22nd December, 1972 from the shop in dispute.

(2.) BRIEFLY stated the facts of this case are that the Petitioner Bikramjit Singh Paul is a tenant under Jaswant Singh Respondent of shop No. 44 in Building No BXVII -168 situated in Bharat Nagar Chowk, Ludhiana. The landlord Jaswant Singh made an application under Section 13 of the East Punjab Kent Restriction Act against the tenant Bikramjit Singh for ejectment on the ground of non payment of rent. Notice of this application was issued to the tenant but be refused to accept service. The Court then ordered that he should be served by proclamation made at the spot for 23rd November, 1972. He was duly served by proclamation, but inspite of this he did not appear on 23rd November, 1972 in Court and he was proceeded against exparte. The case was adjourned to 7th December, 1972 for recording ex -paite evidence of the landlord. However, Bikramjit Singh tenant appeared in the Court of the Rent Controller on 7th December, 1972 and made an application to set aside the order to proceed exparte against him. The case was adjourned to 14th December. 1972 and on that day the counsel for the landlord stated that he had no objection if the order was set aside on payment of costs. The Rent Controller accepted the application to set aside the order for exparte proceedings against the tenant on payment of Rs. 15/ - as costs and he adjourned the case to 19th December, 1972 for payment of costs and to file written statement. On the latter dated i.e. 19th December, 1972, neither any written statement was filed nor any costs were paid. The Controller called this case also after lunch when the counsel for the tenant appeared and he stated that he had no instructions from his client and then he left the room. Thereafter the Rent Controller passed order to proceed ex -parte against him and adjourned the case to 22nd December, 1972 for recording the exparte evidence and after recording the evidence of the landlord on that day passed the order for ejectment against him because he had not paid rent from 1st August, 1971 to 26th August, 1972 at the rate of Rs. 135/ - per mensem. The application under Order 9 Rule 13, Code of Civil Procedure Code, to set aside the ex -parte eviction order was made on 16th January, 1973, wherein it was mentioned that he was taken ill all of a sudden on 18th December, 1972 and had a severe nervous break down and heart attack and he became semi -unconscious and his condition became critical till 22nd December, 1972. During this period he remained under the treatment of a heart specialist, who recommended him complete rest till 16th January, 1973 and was not in a position to instruct or tell his family members to give necessary instructions to his counsel about his illness. It was prayed that his absence on 19th December, 1972 was not deliberate or intentional but it was due to his sudden illness and, therefore, the ex -parte, order of eviction may be set aside. This application was contested by the landlord. He denied that the tenant Bikramjit Singh fall ill as alleged in the application. According to him his absence on 19th December, 1972 was intentional and deliberate. The application was alleged to be not within limitation. On these pleadings of the parties, the following issues were framed by the Rent Controller:

(3.) SECTION 15(5) of the East Punjab Urban Rent Restriction Act lays down that the High Court may, at any time, on the application of any aggrieved party or on its own motion, call for and examine the records relating to any order passed or proceedings taken under this Act for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and may pass such order in relation thereto as it may deem fit.