DARSHAN LAL Vs. JASWANT SINGH

JUDGEMENT

(1.) IN the present case, landlord Jaswant Singh Bhatia - respondent had instituted a petition under Section 13 of the East Punjab Rent Restriction Act for ejectment of the petitioner on the ground of nonpayment of rent. It was further alleged that the petitioner has ceased to occupy the shop since 5th July, 2003 and petitioner required the shop in question for his own use and occupation. Personal necessity was impleaded. Petitioner was proceeded ex-parte and his eviction was ordered on 26th September, 2005.

(2.) ON 3rd August, 2006, petitioner filed an application under Order 9 Rule 13 for setting aside ex-parte ejectment order passed on 25th September, 2005. The application for setting aside the ex-parte eviction order was filed through General Power of Attorney Kewal Krishan. It was averred therein that the tenant - petitioner was not duly served. Process Server never came and no service of summons was effected. It was further pleaded that no substituted service of the summons or by publication was ever effected. Neither the summons were served through the authorized Courier Agency, nor any other mode of service was opted. A false report has been procured by the landlord. It was stated in the application that the landlord came to know the factum of ejectment on 30th July, 2006 and therefore, application is within limitation. Reply was filed by the landlord - respondent, in which it was stated that the tenant intentionally evaded service of summons. Thereafter, a notice, by way of publication in 'Des Sewak' newspaper, was served.

(3.) HAVING arrived at the above finding, Rent Controller further concluded that from evidence, it is made out that the tenant had knowledge of the ex-parte decree in May 2006, therefore, claim of the applicant - tenant that he became aware of the decree only on 30th July, 2006, is not tenable. Reliance was placed upon the admission made by the Attorney of the tenant Kewal Krishan in cross-examination that he became aware in May 2006 and eviction has been ordered. Since the application has been filed beyond 30 days from the date of knowledge, therefore, ex-parte order of eviction cannot be set aside.