Mahajan, J. - (1.) THIS petition for revision is directed against the concurrent decisions of the Rent Controller and the Appellate Authority allowing the eviction of the tenant on the landlords' petition. The eviction was claimed on two grounds - 1. failure of the tenant to pay rent from 1st February, 1958 to 31st January, 1962; and
(2.) THAT the premises were unsafe and unfit for human habitation. 2. In the first instance, the order of eviction was passed ex parte. The tenant applied for setting aside of the ex -parte order. The same was set aside on the 18th July, 1962, and on that date the Court gave time to the tenant to deposit the arrears of rent. The tenant went away to fetch money but he never turned up. In this view of the matter, the Rent Controller allowed the petition, as according to him the first date of hearing was the 18th July, 1962, though the contention before him by the tenant was that the first date of hearing was the 25th July, 1962, the date on which the written statement had to be filed. On appeal, the Appellate Authority upheld the decision of the Rent Controller. It is against this decision that the present petition for revision has been filed. It is not disputed that the first date of hearing would be the 18th July, 1962, on which date the ex -parte order was set aside. If any authority is needed, reference may be made to Manohar Lal v. Bal Raj, (1953) 55 P.L.R. 295.
(3.) ONLY two contentions have been raised before me (1) that the tenant was sending money orders after money orders and they were being refused by the landlady and, therefore, there was a valid tender; and (2) that on the 18th July, 1962, when the ex parte order was set aside, the Rent Controller ordered that the petition be re -registered. On the basis of this order, it is contended that the first date of hearing would be the date of hearing after re -registration i.e., the date for written statement.;