RAKESH KUMAR GARG,J - (1.) C. M. No. 16779 -CII of 2011 Allowed subject to all just exceptions. C. M. No. 16780 -CII of 2011
(2.) FOR the reasons mentioned in the application, which is supported by an affidavit, delay of 6 days in filing the present petition is condoned. C.R. No. 4230 of 2011 (O&M)
(3.) THE petitioner, who is a tenant in the demised premises, has approached this Court challenging the order dated 14.8.2010 passed by Rent Controller, Rohtak, whereby the ex -parte decree of eviction was passed against him and further an order dated 28.2.2011 passed by the appellate Court, dismissing his appeal. Briefly stated, the respondent -landlord filed an eviction petition against the petitioner on the ground of non -payment of rent, change of user and personal necessity. Despite service, petitioner did not appear before the Rent Controller and was proceeded against ex -parte vide order dated 10.5.2006. Subsequently, an application for setting aside the ex -parte order was moved on behalf of the petitioner. However, the petitioner did not appear to contest the said application and was again proceeded against exparte.;