SURINDER KAUR Vs. MOHINDER BAHADUR SINGH

JUDGEMENT

(1.) In the Civil Revision Petition Nos. 3 of 1978 and 4 of 1978, the dispute is between the same parties and in respect of the same premises, in proceedings under the Himachal Pradesh Urban Rent Control Act. As such both the petitions can be disposed of together.

(2.) Civil Revision Petition No. 3 of 1978 the petitioner has challenged the order of Rent Controller (3), Simla dated the 2nd January, 1978 whereby he stayed the execuiton of the ex parte order till the disposal of the application of the respondent (hereinafter to be referred to as the tenant) for setting aside the ex parte order of eviction from the premises. In Civil Revision Petition No. 4 of 1 78 the petitioner has challenged the order of the Rent Controller dated 31st December, 1977 whereby he held that an application for setting aside the ex parte order of eviction is maintainable, under the facts and circumstances of the case.

(3.) Briefly the facts of the case are that the petitioner (hereinafter to be referred to as the landlady) filed a petition on 13th August, 1976 under the Himachal Pradesh Urban Rent Control Act for the eviction of the tenant on account of non -payment of rent. The Rent Controller by an order dated 16th October, 1976, ordered the eviction of the tenant.