SOHAN SINGH Vs. S AVTAR SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revision Petition No. 359 of 1979, as the facts are common in both the cases.

(2.) The landlord, Avtar Singh, sought the ejectment of the tenant Sohan Singh from the house, in dispute, inter alia on the grounds that he was in arrears of rent with effect from May 1, 1976, and that he required the premises bona fide for his personal use and occupation. The ejectment application was filed on May 25, 1978. First of August, 1978, was the first date of hearing. The tenant did not appear before the Rent Controller that day. Consequently, ex parte proceedings were ordered. Ultimately, ex parte eviction order was passed on December 20, 1978. On August 10, 1978, the tenant moved the application for setting aside the ex parte proceedings. The application was contested by the landlord on the ground that there was no sufficient ground to set aside the ex parte proceedings. After framing the issues and recording the evidence, the learned Rent Controller came to the conclusion that there was no sufficient ground to set aside the ex parte proceedings.

(3.) The learned counsel for the petitioner contended that in the summons issued to the tenant, the date given was August 10, 1978 and not August, 1978, and, therefore, he could not be present on the 1st of August, 1978. Thus, argued the learned counsel, the whole approach of the learned Rent Controller in this behalf was wrong and illegal.