JAGDISH RAM GUPTA Vs. SHAKUNTLA

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority, Chandigarh, dated November 23, 1983, whereby the application filed on behalf of the landlord- petitioner for restoration of the appeal dismissed for default of appearance on August 24, 1983, was dismissed.

(2.) The landlord Jagdish Ram filed the appeal against the order of the Rent Controller dismissing the ejectment application. The said appeal was for default of appearance on August 24, 1983. The application for restoration thereof was filed on August 27, 1983, i.e., just within three days of the appeal as such. That application was contested on behalf of the tenant. Ultimately, the learned Appellate Authority came to the conclusion that the landlord had not been able to make out sufficient cause for the restoration of the appeal and consequently, dismissed the same.

(3.) After hearing the learned counsel for the parties, I am of the considered opinion that it was a fit case where the appeal should have been restored on payment of costs. This appeal was filed by the landlord, the intention of delaying the proceedings could not be ascribed to him, nor there is any such allegation. It appears the Appellate Authority was obsessed with the idea that since the appeal was an old one, it was found that there was no sufficient cause to restore the same.