JASWANT RAI TENEJA Vs. SHRI SHAM LAL

JUDGEMENT

(1.) THE petitioner-landlord filed an ejectment application against his tenant Sham Lal, respondent, which was dismissed by the Rent Controller vide order dated May 15, 1981. He filed an appeal before the Appellate Authority which was dismissed for default of appearance on March 15, 1984. An application for restoration was filed on March 28, 1984, but the same was dismissed vide order dated May 7, 1986 on the ground that the non-appearance of the petitioner on the date fixed in the case was wilful and intentional and, therefore, it was evident that there were no sufficient grounds for the restoration of the appeal dismissed for the said default.

(2.) THE case of the petitioner was that his counsel Shri H.R. Teteja was confined to bed and so he had taken away the brief of the case from him to engage some other counsel. Thereafter, the petitioner went to Delhi to attend some case in the Delhi High Court. From there he went to his village to receive the compensation amount and was detained there till March 23, 1984. In the reply filed on behalf of the tenant-respondent, the allegations were denied. The learned Appellate Authority framed the issues and allowed the parties to lead evidence and ultimately came to the conclusion that there was no sufficient ground for the restoration of the appeal dismissed for default of appearance. Hence this revision petition by the petitioner.

(3.) AFTER hearing the learned counsel for the parties, I find force in the contention raised on behalf of the petitioner.