KEWAL SHARMA Vs. SUBHASH CHANDER

JUDGEMENT

(1.) THIS petition under section 15 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act) is directed against the order of the Rent Controller, Jullundur, dated June 14, 1977, dismissing the application for setting ex -parte order of eviction.

(2.) THE ejectment application filed by the respondent was registered on November 13, 1976 and notice was issued to the petitioner for December 2, 1976 by ordinary process as well as under registered cover. The summons and the registered letter were returned unserved with the report that the respondent was not available having gone out of station in connection with his business. Instead of issuing fresh summons, the trial Court ordered service to be effected by a beat of drum and the same was dully effected on January 24, 1977. The petitioner having still not appeared, the proceedings were taken ex -parte against him and the ejectment order passed on February 17, 1977.

(3.) THE only contention raised before the trial Court was that no ground had been made out for ordering substituted service and the petitioner, therefore, having been not duly served ex -parte order was liable to be set aside. The trial Court, however, negatived this plea and dismissed the application.