RAGHUVANSH KUMAR Vs. SARWAN NATH

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlord sought the ejectment of his tenant on the ground of non-payment of arrears of rent with effect from 1st October, 1982 to 30th April, 1983. Admittedly, 16th August, 1983 was the first date of hearing for which the tenant was personally served. Inspite of that he did not appear on that day and allowed the proceedings to be ex parte against him. On 3rd September, 1983, he filed an application for setting aside the ex parte proceedings, alleging that he had mistaken the date from 16th August to 26th August, 1983, and that the absence was neither intentional nor willful but due to ignorance of the date and was, thus, a sufficient cause for his absence. The application was contested on behalf of the landlord. It was pleaded that the tenant did not appear intentionally. The tenant appeared in the witness-box in support of his allegations, and ultimately the said application was dismissed by the Rent Controller on 29th April, 1985. Dissatisfied with the same, the tenant filed revision petition in this Court. However, in the meanwhile on 25th April, 1985, the ex parte eviction order had already been passed against the tenant, and, therefore, the civil revision was dismissed having become infructuous. In appeal, the learned Appellate Authority maintained the eviction order passed by Rent Controller on 25th April, 1985.