LAWS(P&H)-2009-11-177

MANJIT KAUR Vs. RUPINDER KAUR AND ANR.

Decided On November 04, 2009
MANJIT KAUR Appellant
V/S
Rupinder Kaur And Anr. Respondents

JUDGEMENT

(1.) THIS Revision Petition is directed by the tenant against the orders dated 02.04.2009 and 28.08.2008 passed by the Rent Controller, Chandigarh. The order dated 28.08.2008 is an ex -parte conditional eviction order passed against the petitioner on the ground of non -payment of rent w.e.f April, 2005 @ Rs.4500/ - per month, whereas vide the subsequent order dated 02.04.2009, her application under Order 9 Rule 13 CPC to set aside the ex -parte eviction order has been dismissed.

(2.) MUCH can be said about the manner in which the petitioner - tenant has opted to remain outside the Court of the Rent Controller till the eviction order was passed and thereafter moved one after the other applications before the Rent Controller or the Appellate Authority. Be that as it may, the counsel for the respondent

(3.) AS may be seen from the impugned order, the petitioner - tenant was served through different modes including the substituted service. However, she did not turn up to contest the claim of the respondent. In these circumstances, the Rent Controller in the absence of any evidence to the contrary, accepted the eviction petition and passed the conditional eviction order dated 28.08.2008 thereby directing the petitioner to tender the arrears of rent w.e.f. April, 2005 @ Rs.4500/ - per month within 45 days, failing which the order of eviction was to come into operation.