LUXMI DEVI Vs. ISHWAR DEV KANWAR

JUDGEMENT

(1.) THIS revision petition has been instituted by the landlord against the judgments of the learned Rent Controller and the Appellate Authority, whereby the petition for eviction filed by the petitioner-landlord against the respondent-tenant was dismissed by both the courts.

(2.) GROUND taken for dismissal of the petition and appeal was that the appellant has not succeeded in establishing her title as landlord of the premises in dispute.

(3.) NOTICES were issued to the respondent who did not respond to the service. Actual date notices were also sent but nobody has put in appearance on his behalf. Learned counsel for the petitioner submitted that even though, strictly the provisions of Order 41 Rule 27 may not be applicable to rent proceedings yet principles contained therein are to be followed. He submits that in case the evidence, as prayed for by him, had been taken on the record, the fate of the appeal would have been different.