G.C.GARG, J. - (1.) TARSEM Lal, respondent herein filed an ejectment petition against the petitioner, Joginder Singh who was ordered to be summoned for August 3, 1989. However, service was not effected and he was again ordered to be summoned for September 15, 1989 on filing of process fee and registered cover. Summons were not served. It was then ordered that he be served for December 14, 1989 through Munadi. However, Munadi was not effected for December 14, 1989. It was again not effected for February 2, 1990 and ultimately, Joginder Singh was ordered to be summoned through Munadi for March 15, 1990. On this date, ex-parte proceedings despite service effected through Munadi. Ejectment petition was thereafter listed for exparte evidence of the landlord and ultimately an exparte ejectment order was passed against the tenant on May 5,1990. It was thereafter the tenant moved an application on September 15, 1990 for setting aside/re-calling exparte order of ejectment. It was averred by the tenant that he came to know of the exparte order on September 11, 1990 and he inspected the file on September 12, 1990 and September 13 and 14, 1990 being holidays, he filed the application on the next working day. It was also averred by him that he was never served in any manner whatsoever. Stand taken by the tenant was controverted by the landlord. The matter was put to issue and the learned Rent Controller by its order dated October 20, 1993 dismissed the application. It is how this revision came to be filed at the instance of the tenant.
(2.) LEARNED counsel for the tenant-petitioner submitted that one of the grounds of ejectment was non-payment of arrears of rent at the rate of 110/- per month from October 19, 1987 to the date of filing the petition, besides other grounds. It was canvassed that the tenant deposited Rs. 3080/with the Rent Controller on February 20, 1990 on account of rent for the period November 1987 to February 1990 and again deposited another sum of Rs. 4290/- on May 24, 1993 for the period March 1, 1990 to May 31, 1993. On the above premises, it was submitted that if the tenant had come to know that proceedings were pending against him he would not have deposited the arrears of rent with the Rent Controller on February 20, 1990 and would have rather tendered the same on the first date of hearing and that he deposited the rent as claimed in the petition before the alleged date of service in the ejectment petition. Learned counsel further submitted that service was effected through Munadi and it never came to the notice of the tenant. He referred to the interim orders to show that the tenant never refused to receive the notice of ejectment petition and submitted that it was only the second date of hearing that he was ordered to be served through Munadi and though he was ordered to be served through registered post but no effort was made to serve him by that mode before ordering substituted service. After hearing learned counsel for the parties, I am of the opinion that this revision deserves to succeed. It could not be disputed that no effort was made to serve the tenant by registered post though it was so ordered. Even, otherwise, service by Munadi is a weak type of service though permitted by law. The tenant deposited the arrears of rent on February 20,1990 and if he had known that ejectment petition had been filed against him, he would have in the ordinary course tendered the amount on the first date of hearing in order to save his ejectment. It is not a case where he would avoid service in order to enable him to secure money which he was required to tender on the first date of hearing. It was held in Girdhari Lal v. Ajay Kumar and Anr. , (1985-2) 88 P. L. R. 253 that rent laws have been enforced by the Legislature for the protection of the tenants from the vagaries of their landlords and the whole purpose of the Legislature would be defeated if the Rent Controller allows the landlords to abuse the process of the court to seek exparte ejectment orders. In the present case, learned Rent Controller while declining prayer of the petitioner for setting aside the exparte ejectment order has observed that the Process Server while appearing as a witness stated that the applicant-tenant met him in the shop and refused to take summons. It was told by him to the witness that he was to appear in a case before the learned Sessions Judge and as such he would not receive the summons. This part of the statement of the Process Server cannot be accepted. If that had been so, the Process Server would have straight way made a report on the summons that the tenant had refused to accept she same. Factually this is not so. A perusal of the report made on the summons goes to show that no such report was ever made by the Process Server. In Brij Lal of Sirsa v. Shiv Mohan and Ors. , 1989 HRR 468, Munadi was ordered by way of substituted service after the tenant had refused to accept notice in the ordinary way. Thus, having regard to the totality of facts and circumstances of this case, I am of the opinion that the tenant had no knowledge of proceedings going on in the ejectment petition. Moreover, for the negligence of the tenant, the other side can be well compensated by payment of costs and it has been the consistent view of this Court that as far as possible, lis between the parties is decided on the merits of controversy raised in the proceedings and not on technicalities, such as by taking exparte proceedings. In the circumstances, I allow this revision, set aside the impugned order subject to payment of Rs. 4,000/- as costs. Costs shall be paid through a crossed demand draft favouring the landlord. The parties through their counsel have been directed to appear before the learned Rent Controller on 15. 12. 1994 for further proceedings. Having regard to the fact that ejectment petition was filed as far back as in May 1989 and it is still at the initial sage, it is directed that the learned Rent Controller will dispose of the ejectment petition on its own merits after affording two effect opportunities to each of the parties for the evidence. .;