ASHOK KUMAR Vs. RANDHIR SINGH

JUDGEMENT

(1.) IN this revision petition of the tenant the orders of the authorities below have been subjected to challenge.

(2.) THE petitioner-tenant was preceded ex parte in an application for eviction on the ground of non-payment of rent. The application for ejectment was filed on 14.5.1979 and on the first date of hearing i.e. on 14.6.1979 ex parte order of eviction was passed by the learned Rent Controller. The petitioner-tenant filed an application for setting aside ex parte order the very next day i.e. on 15.6.1979. It was stated therein that the petitioner-tenant never refused to accept service in the ejectment petition. The application having been dismissed, the tenant filed an appeal before the appellate authority which has been dismissed as being not maintainable.

(3.) FOR the aforesaid reasons, the revision petition is allowed and the orders of the authorities below are set aside. The learned Rent Controller is directed to proceed with the case on merits afresh. The parties through their counsel are directed to appear before the learned Rent Controller on 24.9.1988. Petition allowed.