DHANNA SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) The landlord filed an application for ejectment of the tenant on 19th December, 1986 on the ground that the tenant was in arrears of rent with effect from 1.5.1980 at the rate of Rs. 250/- per month. The summons are stated to have been served on the tenant on 17.1.1987 for 19.1.1987. However, the tenant did not appear and the Court passed an order to proceed ex-parte, and the case was adjourned to 24th March, 1987 for landlord's evidence.

(2.) On 12th March, 1987 the tenant came to Court with an application for setting aside the ex-parte proceedings ordered on 19.1.1987 on the plea that the Process Server has got his signature on the summons but neither gave the copy of the ejectment application nor gave any copy of the summons and did not inform him about the date of hearing.

(3.) The application was opposed by the landlord. Then Rent Controller gave no opportunity to the tenant to prove the plea set up by him in the application for setting aside the ex-parte proceedings and proceeded to decide on the basis of the pleas raised by the parties.