- (1.) The landlord-petitioner has filed this revision petition against the order of the Appellate Authority dated 11th March, 1974, whereby the order of ejectment passed by the Rent Controller was set aside.
(2.) The landlord sought ejectment of the tenant on the ground of non-payment of arrears of rent from June, 1971 to December, 1971, along with the house-tax till 31st December, 1971. The Rent Controller issued the summons to the tenant for the 17th February, 1972. The order of the Rent Controller on 17th February, 1972, reads thus: "Present : Counsel for the applicant. The respondent is not present Summonses not received after service Fresh summonses on process-fee be issued for 18th April, 1972." The tenant was served with fresh summons issued to him for 18th April, 1972. On that date, i.e. the first date of hearing, all the arrears of rent along with interest and costs as assessed by the Rent Controller as well as house-tax were tendered by the tenant, but the landlord did not accept the same on the plea that the tender was not made on the firs date of hearing, which according to him was 17th February, 1972. However, the Rent Controller after allowing the parties to lead evidence, came to the conclusion that the tenant was aware of the case against him without the supply of the copy of the petition to him for 18th April, 1972 and this analogy can apply for 17th February, 1972 also. The fact that the tenant was aware of the case against him on 17th February, 1972, would be established from the circumstances of the case and it was accordingly, held that 17th February, 1972 was the first date of hearing on which the tenant did not appear and no rent was tendered. Consequently, it was directed that the tenant be ejected from the premises in dispute. In appeal, the learned Appellate Authority has reversed this finding of the Rent Controller. Feeling aggrieved against this, the landlord has come up in revision to this Court.
(3.) The learned counsel for the petitioner has vehemently contended that since the tenant had the knowledge of the proceedings on 11th February, 1972, as he was duly served with the summons, though a copy of the ejectment application was not given to him, the Rent Controller rightly come to the conclusion that 17th February, 1972 was the first date of bearing.;