- (1.) Prem Chand petitioner who is a tenant on the premises in dispute was alleged to have been served in the ejectment application on 6th October, 1972 for 11th October, 1972. He did not appear on 11th October, 1972 and ex-parte proceedings were taken against him. However, subsequently, he filed an application for setting aside the ex-parte proceedings and the ex-parte proceedings were set aside on 28th October, 1992 when the case was adjourned for filing of the written statement to 30th October, 1972. Neither on 28th October, 1972 nor on 30th October 1972, due rent was tendered by the tenant and the case was adjourned to 4th November, 1972 on which date the rent was tendered. The dispute between the parties is found in issue No. 1 which is follows :- 1. "what is the effect of not tendering the arrears of rent on the first date of hearing" The learned Rent Controller as also the Appellate Authority came to the conclusion that the rent should have been tendered on the first date of hearing on 30th October, 1972 and that having not been done the petitioner was liable to be ejected. These orders are being assailed in this revision.
(2.) After hearing the learned counsel for the parties, I am of the opinion that there is no merit in this petition. As has been held by a Full Bench of this Court in Vinod Kumar v. Harbans Singh Azad, 1977 79 PunLR 144, that when in an ejectment application ex-parte proceedings are set aside the first date of hearing is the date on which the ex parte proceedings are set aside and the rent shall be tendered on that date. According to the ratio of the decision of the Full Bench referred to above in fact the rent should have been tendered referred to above in fact the rent should have been tendered on 28th October, 1972, which was the first date of hearing. Mr. Munishwar Puri, learned counsel for the petitioner relies on Faqir Chand v. Ram Chand, 1971 CurLJ 235 and Jagat Ram v. Shanti Sarup, 1965 67 PunLR 45. Both these decisions are distinguishable on facts. None of the cases referred to above are cases where the ex-parte proceedings set aside. In the present case, ex-parte proceedings were set aside on 28.10.1972 and the case was adjourned to 30th October 1972, for filing written statement. If at all the case of the tenant was that he had not been furnished with the copy of the plaint, he should have asked for that on 28th October, 1972, which admittedly was not done. Therefore, the above mentioned decision relied upon by the learned counsel for the petitioner are of no help.
(3.) For the reasons recorded above there is no merit in this petition and the same is hereby dismissed with no order as to costs. The petitioner-tenant may vacate the premises in question by 31st May, 1978 on the condition that he pays arrears of rent upto date within 15 days from today.;