VINOD K.SHARMA, J. - (1.) THIS revision petition has been filed by the landlord- petitioner against the order dated 26.3.2004 passed by the Appellate Authority vide which the order dated 19.5.1997 passed by the Rent Controller, Chandigarh, dismissing the application for setting aside the ex parte order dated 18.10.1977, has been set aside.
(2.) THE landlord-petitioner herein had brought an ejectment petition against the respondent-tenant for his ejectment from the demised premises. The ejectment was sought on the ground of non-payment of rent as well as on the ground of personal use and occupation of the demised premises. The ex parte proceedings against the respondent-tenant was taken vide order dated 19.5.1997 and thereafter order of ejectment was passed on 18.10.1997. In pursuance to the order of ejectment, the possession of the demised premises has been taken by the landlord-petitioner. Thereafter the respondent-tenant filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree dated 18.10.1997 on the ground that he came to know about the ejectment order passed against him only on 27.4.1998 when he went to his residence and found the same locked by somebody else.
(3.) THE case of the respondent-tenant was that there was no material on record showing for the satisfaction recorded by the trial Court that he could not be served through ordinary process before ordering munadi and affixation, which was also not done at the proper place, but at the different addresses. Thus the claim of the respondent-tenant was that he was neither served through munadi, nor affixation and nor through publication in the newspaper.;