G.C. Mital, J. - (1.) THIS is a revision petition filed by the landlord against the order of the Rent Controller, Ludhiana, dated 14th December 1978, whereby he had set aside the proceedings taken by him on 5th of June, 1978, on the ground that they were based on fraud played upon the tenant by the landlord.
(2.) THE landlord had filed an application for ejectment on 14th of February 1978, against the tenant -respondent on the grounds of arrears of rent and for impairing the value and utility of the shop. On 27th of May, 1978, the tenant appeared in Court and demanded a copy of the ejectment application, as he was served without a copy of the same. The copy was furnished to him in Court and he was allowed time to make the tender on 5th of June, 1978, and to file his writhen statement on that date. On 5th of June, 1978, the tenant did not appear but from the proceedings of the Court it appears that a counsel filed a memo of appearance on behalf of the tenant and the Court recorded his presence and noted that the tenant had not come that day to make the tender and that his counsel had not made any tender and sought adjournment to file a written statement. The Court gave 18th of July, 1978, on payment of costs of Rs 50/ -. On 18th of July, 1978, the tenant filed an application for setting aside the proceeding dated 5th of June, 1978, on the ground that after 27th of May, 1978, and before 5th of June, 1978, he fell Ill and could not present himself on 5th of June for tendering the rent though he had always been ready and willing to tender due rent to the landlord. He further stated that there was a talk of compromise between the parties and the matter was almost settled and he had agreed to increase the rent and the landlord had agreed to withdraw his petition on 5th of June, 1978. It was further averred that the landlord had come to his house along with two other persons and he (the tenant) expressed his inability to attend the Court on 5th of June, 1978, and on the demand of the landlord for production of medical certificate with regard to his illness in Court, the certificate was obtained. He further went on to state in the application that he came to know that a fraud had been played on him. He alleged that he never instructed Shri P.S. Beri, Advocate of Ludhiana, to appear on his behalf or to submit his memo of appearance and it seems that the landlord, who engaged Shri P.S. Beri, Advocate, had mace him to appear on his behalf on 5th of June, 1978, so that it becomes the first date of hearing. What he was told about the proceedings dated 5th of June, 1978, was that the case was simply fixed for 18th of July, 1978, and on that date the landlord was to withdraw the ejectment application and when he came to Court on 18th of July, he found that the landlord had refused to withdraw the ejectment application and instead the counsel insisted the filing of the written statement on his behalf on which he engaged another counsel and after inspecting the file came to know the real position and filed the application for setting aside the proceedings dated 5th of June, 1978, on the aforesaid facts.
(3.) THE Rent Controller framed the following issues: - 1. Whether the proceedings dated 5.6. 78 are liable to be struck off? O.P.A. 2. If issue No. 1 is proved, then what is the date of first hearing? O.P. Parties. 3. Relief. The Rent Controller, by the impugned order, decided issues Nos. 1 and 2 in favour of the tenant and under issue No. 3 set aside the proceedings dated 5th of June, 1978, by accepting the application of the tenant.;