DES RAJ Vs. RAM PAL

JUDGEMENT

(1.) Claiming to be the landlords of the property in dispute, the petitioners before me filed an application under section 13 of the East Punjab Urban Rent Restriction Act for the eviction of the respondent from the premises in dispute. Ex parte proceedings were taken against the respondent and an application made by him for setting the same aside was dismissed by the learned Controller on the 6th of November, 1974. The respondent thereupon went up in appeal to the Appellate Authority, Faridkot, who however, held that the appeal was incompetent and dismissed it. In addition to dismissing the appeal, the learned Appellate Authority made the following observation :

(2.) This petition is not without substance. The appeal was obviously incompetent and was, therefore, dismissed. The natural consequence is that the learned Appellate Authority could neither grant any relief to the appellant nor give any direction whatsoever to the Controller. The direction contained in the observations above extracted is, therefore, without jurisdiction and must be set aside. Accepting the petition I order accordingly. The petitioners will have their costs of the proceedings in this Court. Counsel's fee Rs. 50/-.