DES RAJ Vs. HARI KISAN

JUDGEMENT

(1.) JAGAN Nath landlord obtained on ex-parte order of ejectment against his tenant Das Raj on 20th April, 1977. In spite of the ejectment order, the landlord did not evict the tenant till 25th July, 1977 when the tenant filed an application under Order 9 Rule 13 of the Civil Procedure Code for setting aside the ex-parte ejectment order on the plea that three days before the filing of the application he learnt about the ejectment order from the son of the landlord; that the tenant was not served in the ejectment proceedings and he never refused to accept service and the landlord had manipulated the ex-parte order.

(2.) THE landlord opposed the application and on the contest of the parties the following issues were framed :

(3.) ON the peculiar facts of this case it is the landlord who is to be blamed. He should have freed at the threshold for acceptance of the application of the tenant for revoking the ex-parte order so that by now the proceedings in the main case would have been concluded. Even the appeal and revision by now would have been decided between the parties. Instead the landlord keep on agitating and contesting the application for setting aside the ex-parte ejectment order which has taken nearly six years, by the time the matter was decided by the Rent Controller and 7 years, 9 months by now.