- (1.) 22nd October, 1980 was the first date of hearing. On that date the tenant alongwith his counsel appeared before the Rent Controller. It was not the case of the tenant or his counsel that on the first date of hearing alongwith summons served on the tenant, copy of the ejectment application was not supplied. On the other hand the report of the process-server was that the copy of the ejectment application was also pasted on the door of the tenant's house as he had refused to take the same. Accordingly, it cannot be said that the copy of the ejectment application was not served on the tenant.
(2.) The tenant failed to tender the arrears of rent on the first date of hearing, and therefore, did not avail of the provision of Section 13(2)(i) of the East Punjab Urban Rent Restriction Act 1949. Hence there was no option with the Courts below except to order the ejectment of the tenant on the ground of the non payment of rent.
(3.) Then the case of the tenant was that even if he did not tender the arrears of rent on the first date of hearing, no order of ejectment could be passed because the landlord sold the premises in dispute on 14th October, 1981 in favour of Santosh Kumari and in that sale deed the right to recover the arrears of rent was not transferred nor the right to continue with the ejectment petition was transferred. Therefore, after 14th October, 1981 the ejectment petition became infrutuous and no order of ejectment could be passed.;