AJIT KUMAR JAIN Vs. JAGIR CHAND

JUDGEMENT

(1.) This is a landlord's revision petition against the order of the Appellate Authority, Hissar, dated 28th September, 1981.

(2.) Briefly, the facts are that Jagir Chand respondent took the property in dispute on rent at the rate of Rs. 40/- P. M. plus house-tax from the petitioner. The landlord filed an application on 24th Nov., 1979, for ejectment of the respondent on the ground that he had not paid the rent from Ist April, 1978, up-to-date. Notice of the application was given to the respondent for 24th January, 1980, on which date he appeared before the Rent Controller with a counsel. The Rent Controller assessed Rs. 30/- as costs of the proceedings and Rs. 74/- as interest and directed the respondent to tender or make deposit of arrears of rent etc. within the statutory period. The case was adjourned to 6th February, 1980. On that date, the written statement was not ready and the arrears of rent etc. were not paid. Therefore, the case was adjourned to 7th February, 1980.

(3.) On the adjourned date, the respondent did not appear and, therefore, he was ordered to be proceeded against ex parte. The case was adjourned to 3lst March, 1980, for recording ex parte evidence. On the same day, the respondent filed an application at 4. 32 P. M. stating that he took that the case had been adjourned to 8th February, 1980 for tendering rent etc. He received an information from his counsel about the case, and thereafter reached the Court. He was prepared to tender the rent, interest and costs etc. as ordered by the Court. His absence from the Court was not intentional. Therefore, he prayed that the ex parte order passed on the same day be set aside.