JAGDISH KUMAR Vs. SUBHASH CHAND

JUDGEMENT

(1.) THIS is tenant's petition whose application for setting aside the ex-parte order dated September 12, 1986, was dismissed.

(2.) THE landlord filed the ejectment application on July 16, 1986, on the sole ground of non-payment of arrears of rent with effect from February 1, 1986 to July 31, 1986. The tenant was summoned for September 8, 1986. On September 8, 1986, the case was adjourned to September 19, 1986, for tendering the arrears of rent etc. The tenant did not appear on that date and the case was adjourned to October 1, 1986 for ex-parte evidence. On that date, the tenant moved the application for setting aside the ex-parte order dated September 19, 1986. The said application was dismissed the very day with the observations :-

(3.) THE report of the Rent Controller dated July 30, 1987, has been received in this Court. According to the said report, "the rent was never tendered by the tenant to the landlord in this case because the tender would have been followed either by acceptance or by refusal. In this case, the landlord neither accepted nor refused to accept the arrears of rent either on October 1, 1986, or on October 25, 1986. Therefore, the natural conclusion is that the arrears of rent were never tendered by the tenant to the landlord. In these circumstances, there is no question of the tender being valid and within time."