DR. S.C. JAIN Vs. SHRIMATI SUSHILA DEVI

JUDGEMENT

(1.) This is a tenant's revision petition against an order of the Rent Controller, Simla rejecting his application for setting aside an ex -parte order of eviction.

(2.) The Respondent applied for eviction of the Petitioner from the premises occupied by him. The application was made under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949. It appears that substituted service was effected on the Petitioner and as he failed to appear the proceedings were taken ex -parte. On October 18, 1968 the Rent Controller made an ex -parte order directing the Petitioner's eviction. Several months later, in April, 1969, the Petitioner applied for setting -aside the ex -parte order. The Rent Controller rejected the application holding that no sufficient cause has been made out by the Petitioner for setting aside the ex -parte order and there was no ground for condoning the delay.

(3.) In this revision petition it is contended on behalf of the Petitioner that the Rent Controller erred in believing that a period of limitation had been prescribed for an application for setting aside an ex -parte order of eviction made under the East Punjab Urban Rent Restriction Act and, it is said, the entire order is vitiated because of that erroneous assumption.