SUSHILA MITTAL Vs. SH SHANKAR LAL

JUDGEMENT

(1.) None has given the appearance on behalf of respondent. Proceeded ex parte.

(2.) This is a Civil Revision and has been directed against the order dated 16.11.1982 passed by the Appellate Authority, Faridabad, which dismissed the appeal of Smt. Sushila Mittal and affirmed the order dated 5.5.1982 passed by the Court of Rent Controller, Faridabad.

(3.) Some facts can be noticed in the following manner. Smt. Sushila Mittal filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the respondents-tenants. The rent proceedings were contested; issues were framed and the case of the landlady was fixed on 17.3.1982 for recording the evidence in rebuial. On that day, the landlady could not bring the evidence in rebuttal and costs amounting to Rs. 70/- were imposed and the case was adjourned to 21.4.1982. On this date also, neither the previous cost was paid nor the evidence was produced by the landlady in rebuttal and the case was adjourned to 5.5.1982 by imposing additional costs of Rs. 100/-. It was also stated by the Rent Controller that if the costs are not paid or the evidence is not brought, the landlady will be dealt with under Section 35-B of the Code of Civil Procedure. The case was then dismissed on 5.5.1982 under Section 35-B of the Code of Civil Procedure after relying upon the judgment reported as (1981)83 P.L.R. 715, L.D. Arora v. Sushila Devi and Ors., and (1981)83 P.L.R. 555 Shri Anand Parkash v. Bhushan Rai.