VIJAY YADAV Vs. SUDHIR GUPTA

JUDGEMENT

(1.) CM No. 21285 CII of 2019 CM is allowed. The documents are taken on record and exemption as prayed for is granted.

(2.) Main case This is a revision that has been filed seeking to challenge the order dated 2.2.2019 passed by the Appellate Authority, Gurugram, whereby eviction order passed by the Rent Controller dated 7.8.2018 has been affirmed. The eviction of the petitioner herein was ordered on the ground of non-payment of provisional rent as assessed.

(3.) A few facts need to be noticed for proper adjudication of the case. The respondent/landlord filed a petition for ejectment under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the petitioner herein on the grounds of non-payment of rent, mis-use and subletting of the tenanted premises. Notice was initially issued to the petitioner herein which was received by his father. However, the Rent Controller in its wisdom directed for fresh notice to be issued for 7.7.2018 by all modes except publication. On the adjourned date, the Rent Controller noted that the notice had been received back unserved and directed for issuance of fresh notice to be issued for 23.7.2018, again by all modes except publication. Dasti notice was also issued with a further direction that notice be affixed on the wall of the petitioner's house. On the adjourned date, the Rent Controller noted that summons issued to the petitioner was received back with the remarks that he was not found present at the given address. However, summons were affixed on the outer door/wall of the house of the petitioner and taking the service to be complete, the petitioner/tenant was proceeded ex-parte. On that date itself, arguments were heard and the provisional rent was assessed payable from May 2016 to April, 2018 at Rs. 1,27,374/-, which included interest and cost as well. While directing the payment of provisional rent, the Rent Controller, adjourned the matter for 7.8.2018, on which date the order of eviction was passed, in view of the judgment in Rakesh Wadhawan Vs. Jagdamba Industrial Corporation, JT 2002 Supplementary SC 11. As already noticed, the appeal filed by the petitioner against the eviction order passed by the Rent Controller too was dismissed.