RAJINDER KUMAR Vs. RULDU RAM

JUDGEMENT

(1.) THIS petition is directed against the order of the Rent Controller dated 19th February, 1986, whereby the application of the tenant for setting aside the ex parte proceedings ordered on 5th October, 1974, was dismissed.

(2.) THE landlord, Ruldu Ram, filed the ejectment application against his tenant Rajinder Kumar on 20th July, 1984. The only ground taken for ejectment was non-payment of arrears of rent with effect from 1st June, 1982. Notice of this application was given to the tenant for 29th August, 1984. It appears that no summons were issued for that date, and, therefore, fresh summons were ordered to be issued along with registered cover for 5th October, 1984. On 5th October, 1984, the learned Rent Controller passed the following order :-

(3.) ON the other hand, learned counsel for the landlord/respondent submitted that the tenant had been duly served as the summons bore his signatures and the copy of the ejectment application was also given to him at that time whereas the copy lying in the file of the Rent Controller was the second copy because, according to him, the landlord was supposed to file two copies of the ejectment application along with the original application.