AMAR CHAND Vs. SAT NARAIN

JUDGEMENT

(1.) Sat Narain, landlord-respondent, had filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for the ejectment of Amar Chand tenant from his shop situated in Subzi Mandi, Rewari, on the grounds of non-payment of rent with effect from 4.4.1964 and also because of the fact that he had ceased to occupy the premises for a continued period of four months.

(2.) The Rent Controller, issued notice on 7.10.71 to the tenant, to appear before him on 3.11.71. The summons were returned by the process server with the report that the tenant had refused to accept the summons and the copy of the petition tendered to him, on the pretext that he was going to Hardwar, on the date fixed, for taking a holy dip. The Rent Controller adjourned the case to 1.12.1971 and ordered service through ordinary process as also by registered post. The process server again returned the summons with the report that the tenant had refused to accept the service of the summons. The registered letter was addressed to the tenant on his address "Mohalla Bas Sitab Rai, Rewari". The postman made an endorsement on 5.11.1971 on the registered cover, that the addressee did not meet him and again on 6.11.1971 he made the report, that the registered cover be delivered in Subzi Mandi, Rewari Halqa No. 3. The registered letter was returned on 8.11.1971 with the report that the addressee refused to accept the registered letter. On 1.12.1971, the Rent Controller, passed the following order :-

(3.) On the evidence produced by the landlord on 2.12.1971, the Rent Controller passed the ejectment order on the same day.