SEWA SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) The present revision petition is a classic illustration of misuse of the process of law by the landlord Gian Singh. The record of the case shows that Gian Singh in connivance with the Process Serving Agency of the Court obtained an exparte order of ejectment against the tenant-petitioner Sewa Singh on April 8, 1980. In obtaining the aforesaid order, Gian Singh not only connived with the Process Serving Agency but also succeeded in getting the said ex parte order against the tenant by defying all norms of administration of justice.

(2.) The facts which emerge from the record show that Gian Singh filed an ejectment petition against the tenant Sewa Singh on January 22, 1980. The ejectment of the claimant was claimed on two grounds. It was claimed that arrears of rent had not been paid by the tenant and the building in question had become unfit and unsafe for human habitation. The record of the case also shows that the landlord is residing in the same building where the shops in question are situated.

(3.) The ejectment petition was taken up for consideration by the Rent Controller on 23.1.1980. On the aforesaid date, notice of the ejectment petition was ordered to be issued to the tenant for February 13, 1980 by registered cover only. No registered cover was filed by the landlord for effecting service upon the tenant. The order dated February 13, 1980 passed by the Rent Controller shows that a report was submitted by the Process Serving Agency that tenant was evading service. The basis of the aforesaid report is not understandable since no notice was ever ordered to be issued in the ordinary way to the tenant. However, the learned Rent Controller noticed on February 13, 1980 that registered cover had not been filed by the landlord. He was consequently directed to file the registered cover within two days for issuance of notice to the tenant for March 6, 1980. The Rent Controller, however, directed that service upon the tenant be also effected by way of munadi.