J.V.GUPTA,J - (1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.
(2.) THE landlord sought the ejectment of his tenant on the ground of non-payment of arrears of rent with effect from 1st October, 1982 to 30th April, 1983. Admittedly, 16th August, 1983 was the first date of hearing for which the tenant was personally served. Inspite of that he did not appear on that day and allowed the proceedings to be ex parte against him. On 3rd September, 1983, he filed an application for setting aside the ex parte proceedings, alleging that he had mistaken the date from 16th August to 26th August, 1983, and that the absence was neither intentional nor willful but due to ignorance of the date and was, thus, a sufficient cause for his absence. The application was contested on behalf of the landlord. It was pleaded that the tenant did not appear intentionally. The tenant appeared in the witness-box in support of his allegations, and ultimately the said application was dismissed by the Rent Controller on 29th April, 1985. Dissatisfied with the same, the tenant filed revision petition in this Court. However, in the meanwhile on 25th April, 1985, the ex parte eviction order had already been passed against the tenant, and, therefore, the civil revision was dismissed having become infructuous. In appeal, the learned Appellate Authority maintained the eviction order passed by Rent Controller on 25th April, 1985. Learned counsel for the petitioner submitted that the absence on 16th August, 1983, was bonafide as the date had been mistaken by the tenant to be 26th August, 1983. After hearing the learned counsel for the petitioner, I do not find any merit in this petition. There is absolutely no explanation as to why the application was not filed on 26th August, 1983, in case that was the date mistook by the petitioner. Not only that even on 3rd September, 1983, when the application was filed, it was never pleaded that the tenant/petitioner was ready with the arrears of rent and that the same may be accepted. Thus, the bonafides of the tenant for his non-appearance on the 16th August, 1983 are not at all. I do not find any impropriety or illegality with the findings of the authorities below. Consequently, the petition fails and is dismissed with costs. Petition dismissed.;