RAMESH KUMAR Vs. RAMESHWAR DASS

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 3.12.1986 of the learned Rent Controller, Jagraon, whereby an application filed by the tenant-petitioner for setting aside an ex parte order of ejectment dated 29.9.83 has been dismissed.

(2.) THE petitioner is a tenant of a shop under the respondent who is its landlord at a monthly rent of Rs. 275/- with effect from 26.11.1981. The respondent filed an ejectment application against the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for his ejectment on the ground that he has neither paid nor tendered rent for the period from 26.12.1982 to 7.6.1983. The amount of rent thus due was Rs. 14,00/-. Summons for service on the petitioner was issued by the Rent Controller. A report was made thereon by the Process Server that the petitioner had refused to accept service of the same and that he had affixed a copy of the summons at the premises in dispute. On receipt of this report the learned Rent Controller passed an order on 24.9.1983, whereby he directed the petitioner to be proceeded against ex parte. After receiving ex parte evidence of the respondent, the learned Rent Controller passed an order of ejectment against the petitioner on 29.9.1983. The petitioner made an application on 5.10.1984 for setting aside the aforesaid ex parte order of ejectment stating therein that he was never served with the summons nor did he ever refuse service of the same. No copy of the summons had been affixed at the premises in dispute and that he gained knowledge of the ex parte order of ejectment when the respondent told him about the same. This application has, however, been dismissed by the learned Rent Controller vide order under revision.

(3.) WHEN the Civil Revision and the civil miscellaneous applications came up for motion hearing before J.V. Gupta, J. on 6.4.1987, a request made by the learned counsel for the petitioner was recorded to the effect that he wanted to file an affidavit of the counsel as to under what circumstances the appeal was filed before the learned Appellate Authority. The counsel also gave an undertaking that the petitioner shall deposit the entire arrears of rent upto date with 12% interest. The motion hearing was adjourned to 24.4.1987 as is evident from the order dated 30.4.1987 of J.V. Gupta, J. The petitioner deposited the arrears of rent amounting to Rs. 17950/- with effect from 1.1.1983 to 30.4.1987 at the rate of Rs. 275/- per month. An affidavit of Shri Jasbir Singh Dhaliwal Advocate who presented the appeal before the Appellate Authority was also filed. The revision petition was, therefore, admitted and the civil miscellaneous application for condonation of delay was ordered to be heard along with the same.