DEWAN SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure has been filed against the order of the learned Rent Controller, Chandigarh, dated December 15, 1977, whereby the ex parte order of ejectment was set aside subject to the condition of payment of arrears of rent by the tenant at the rate of Rs. 250/- per month.

(2.) The tenant has challenged the imposition of this condition of payment of arrears of rent. The condition imposed by the learned Rent Controller is obviously without jurisdiction because while setting aside the ex parse order nothing beyond costs could be imposed.

(3.) This petition is consequently allowed to the extent stated above and the condition of payment of arrears of rent is set aside. As further proceedings in the trial Court have been stayed, the parties have been directed to appear through their counsel before the Rent Controller, Chandigarh on April 3, 1978. No costs.