Dhanna Singh vs Teja Singh

G.C. Mittal, J.—The landlord filled an application for ejectment of the tenant on 19th December, 1986 on the ground that the tenant was in arrears of rent with effect from 1.5.1980 at the rate of Rs. 250/- per month. The summons are stated to have been served on the tenant on 17.1 1987 for 19.1.1987. However the tenant did not appear and the Court passed an order to proceed ex-parte, and the case was adjourned to 24th March, 1987 for landlord''s evidence.

On 12th March, 1987 the tenant came to Court with an application, for setting aside the ex-parte proceedings ordered on 19.1.1987 on the plea that the, Process Server has got his signature on the summons but neither gave the copy of the ejectment application nor gave copy of the summons and did not inform him about the date of hearing.

The application was opposed by the landlord. Then Rent Controller gave no opportunity to the tenant to prove the plea set up by him in the application for setting aside the ex-parte proceedings and proceeded to decide on the basis of the pleas raised by the parties.

The Rent Controller came to the conclusion that the Process Server is supposed to hand over the copy of the summons and copy of the petition and it is clear from the report on the summons that a copy of summons along with the copy of the petition was handed over to the tenant on 17.1.1987, and, therefore, the plea taken in the application was factually wrong. This is not the correct procedure to the followed. The tenant has to be given an opportunity to lead evidence and then right of rebuttal to the landlord because it is not un-common that process servers make wrong reports and if everything was to be left to the process Server, there would be hardly a tenant who would be allowed to stay in the premises. Therefore, in such cases if tenant denies the serve or the receipt of copy of the ejectment application, the matter has to be enquired into Since the Rent Controller has not done its duty, 1 am constrained to allow the revision and after setting aside the order of the Rent Controller dated 18.4.1987, the matter is remitted back to it to give opportunity to the tenant to lead evidence in support of his application and then right of rebuttal to the landlord and decide the matter on the evidence so led by the parties.

The parties through their counsel are directed to appear before the Rent Controller on 22.2.1988.