DAULAT RAM AND OTHERS Vs. CHUNI LAL

JUDGEMENT

(1.) This petition is directed against the order of the Rent Controller setting aside an ex parte eviction order, passed by him in favour of the landlord and against the tenant. Upon a consideration of the evidence on record, the Rent Controller came to the conclusion that the tenant was prevented by sufficient cause from not attending the proceedings. I did not find any merit in this petition as regards the challenge to this finding of the Rent Controller. Learned counsel for the landlord then placed reliance on Jagat Ram v. Shanti Sarup, 1965 67 PunLR 45. laying down that "it is for the tenant to prove not only that he was prevented by sufficient cause from not attending on the date fixed but also that he had the means to meet that liability". The second condition for setting aside the exparte eviction order was not specifically in issue before the Rent Controller. All the same he observed in the impugned order that the arrears of rent amounting to Rs. 46 could be paid easily by the tenant at any time. I have perused the record of the case with the help of the learned counsel for the parties. The observation of the Rent Controller is based on the material on record. Hence, the revision petition fails and the same if hereby dismissed. The parties are, however, left to bear their own costs.