- (1.)THIS revision petition by the tenant under Sec. 23-E of the madhya Pradesh Accommodation Control Act, 1961 (for short 'the Act') is directed against the order dated 5-8-1985 passed by the Rent Controlling authority, Indore (for short 'the R. C. A. ') in Case No. 109/90-A (7) 1984-85 whereby his application for setting aside the ex parte order of eviction dated 7-5-85 passed against him has been dismissed.
(2.)FACTS relevant for the purposes of this revision petition are these. The non-applicant on 15-11-84 filed an application under Sec. 23-A of the Act for eviction of the petitioner from the non-residential accommodation (shop) in question. Notice was ordered to be issued to the petitioner and the case was fixed for 3-1-85. On that date it was adjourned to 17-1-85 and then to 19-2-85.
(3.)THE first notice dated 10-12-1984 issued at the shop address was returned unserved with the report dated 13-12-1984 by the serving officer that he visited the shop on several occasions but it was locked and, therefore, service could not be effected. Thereafter it was on 19. 12. 1984 that the non-applicant in the circumstances aforesaid filed an application under Order 5, Rule 20 Civil procedure Code for substituted service by affixture. This application does not find mention in the order-sheet and there is no order on this application. However, it is found that fresh notice dated 20-12-1984 was issued and the report dated 22-12-1984 of the serving officer is that the notice was affixed on the given address. On 19-2-85 the learned R. C. A. held that service had been effected. The order-sheet is silent as to the presence or absence of the present petitioner. After some adjournments the order of eviction was passed on 7-5-1985.