- (1.) This is a tenant's revision petition against an order of eviction passed by the learned Additional Appellate Authority, Chandigarh. The eviction petition of the landlords respondents was initially dismissed by the Rent Controller, Chandigarh, but that order could not be sustained in appeal taken by the landlord. To challenge the same is the present petition.
(2.) Shortly stated the cause arose in the following circumstances:-
(3.) On April 16, 1974 the landlord filed eviction petition against the tenant primarily on two grounds. (I) with regard to non-payment of rent for the specified period and (II) personal requirement. Service on the tenant was effected by substituted service through affixation for August 2, 1974. On account of his non-appearance, the tenant was proceeded against ex-parte. On August 17, 1974 the tenant moved an application for setting aside the ex-parte proceedings which was allowed on September 3, 1974 and the case was adjourned for tenant's reply to September 6, 1977. On the adjourned date no tender of rent was made as his counsel pleaded 'no instructions'. Despite the absence of the tenant, the landlords still have to prove the grounds for eviction. The Rent Controller fixed September 7, 1974 as the date for examination of landlord's evidence. No witness appeared on that date and the case was adjourned for that purpose to September 10, 1974. On that date the Rent Controller was again moved to set aside the ex-parte proceedings. Before the learned Rent Controller, counsel for the landlords conceded that he had no objection to the setting aside of the ex-parte proceedings of 6.9.1974. However, the Rent Controller rejected the prayer of the tenant on the technical ground that there was no specific order on the file to indicate ex-parte proceedings against the tenant and as such, the application was not maintainable. Having passed that order, he recorded the evidence of the landlords and fixed the case for arguments on September 18, 1974.;