R.L.ANAND, J. - (1.) THIS is a revision of the tenants and has been directed against the order dated 8th September, 1981 passed by the Court of Rent Controller (Spl.) Patiala who dismissed the application of the tenant- petitioner under Order 9 Rule 13 C.P.C.
(2.) THE brief facts of the case are that Shri Vinod Parkash Narula landlord filed an ejectment application against the petitioners under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, inter alia, alleging that the tenants are in possession of the shop in dispute on a monthly rent of Rs. 175/-. They have neither paid nor tendered the arrears of rent w.e.f. Ist December, 1978 to November 1979. The ejectment application was filed on 26th November, 1979. The landlord further pleaded that the tenants have also not paid the house-tax at the rate of Rs. 19.69 per month. In these circumstances, the tenants are liable to be ejected from the demised premises on the ground of non-payment. Notice of the ejectment petition was given to the tenant/petitioners who tendered the arrears of rent along with costs and interest and house-tax amounting to Rs. 2310/-. On the first date of hearing of this petition, the tenant did not appear. The learned Rent Controller recorded ex parte decree in favour of the landlord and vide order dated 30.5.1980 passed the ejectment order.
(3.) THE tenants filed an application under Order 9 Rule 13 C.P.C. before the Court of Rent Controller and the said application was dismissed on 8.9.1981. Under the ignorance of law the tenants filed appeal before the appellate Authority Patiala under Section 15 of the said Act, which was dismissed by the appellate authority vide order dated 24.11.1982 holding that the appeal was not legally maintainable. Thereafter realising the mistake on its part the tenants filed the present revision petition and have given challenge to the order of the Rent Controller dismissing its application under Order 9, Rule 13 C.P.C.;