- (1.) This petition filed on behalf of the landlord is against the order of the appellate authority dated August 22, 1978, by virtue of which he set aside the order of ejectment passed by the Rent Controller as the order proceeding ex parte against him was not based on a justifiable good cause and all the proceedings taken thereafter were not legal. He consequently sent the case back to the Rent Controller to proceed in accordance with law.
(2.) Briefly stated, the facts of the case are that the landlord-petitioner filed an application for ejectment on the ground of non-payment of rent and sub-letting by the tenant. April 28, 1975, was the first date of hearing fixed by the Rent Controller on which date the tenant-respondent was proceeded ex parte and August 11, 1975, was the date fixed for the evidence of the landlord. On September 8, 1975, the tenant made an application for setting aside the order ordering ex parte proceedings against him. This application was rejected by the Rent Controller vide its order dated March 12, 1976. Revision against this order was filed in the High Court which was dismissed in limine with the following observations :- "May challenge in appeal, if so advised. No scope for interference in revision." Ultimately the Rent Controller passed order of eviction on August 26, 1977, on the ground of non-payment of rent. The finding on the other issue of sub-letting was given against the said order of eviction before the appellate authority. In appeal the tenant challenged the earlier order passed by the Rent Controller whereby he rejected his application for setting aside the ex parte proceedings. The learned Appellate Authority after going through the whole evidence came to the conclusion that the said order was liable to be set aside. In para No. 14 of the impugned order, the learned appellate authority has given very cogent reasons for the same and ultimately came to the conclusion that "I am not satisfied that the report of refusal Exhibit R-1 made by Shri Malkiat Singh Process-Server is genuine. To me it appears that he made this report at the instance of landlord without actually going to the residence of the tenant and without his refusal to accept service of the notice. There is thus justifiable good cause to set aside the ex parte proceedings dated April 28, 1975."
(3.) I have heard the learned counsel for the petitioner. He has been unable to show that how the order of the appellate authority can be interfered within the exercise of revisional jurisdiction. I have gone through the evidence and I am satisfied that the appellate authority has come to a right conclusion. Moreover, this Court seldom interferes when substantial justice is done to the parties. Consequently, this revision petition fails and is dismissed with costs. Parties through their counsel are directed to appear before the Rent Controller on October 22, 1979.;