Raj Sharma vs Arun Bala Arora

Jyotsna Rewal Dua, J

An eviction petition was preferred by the respondent/landlord on the grounds of re-construction and re-building. The petitioner/tenant was proceeded against exparte by the learned Rent Controller vide order dated 31.5.2004. The eviction petition was eventually allowed on 30.9.2004.

An application under Order 9 Rule 13 of Code of Civil Procedure was moved by the petitioner/tenant on 26.10.2004 for setting aside ex-parte eviction order dated 30.9.2004. This application was held to be not maintainable by the learned Rent Controller vide order dated 12.6.2006. Further appeal filed by the petitioner/tenant against this order was also dismissed by the learned Appellate Authority on 4.4.2008 holding that provisions of Order 9 Rule 13 CPC were not attracted to an ex-parte eviction order passed by the learned Rent Controller.

It is under these circumstances that present petition has been preferred by the petitioner/tenant under Article 227 of Constitution of India impugning the order dated 12.6.2006 passed by learned Rent Controller as well as order dated 4.4.2008 passed by the learned Appellate Authority.

During hearing of the petition, learned senior counsel appearing for the respondent-landlord has fairly submitted that the respondent has no objection for allowing the application moved by the petitioner/tenant under Order 9 Rule 13 CPC and for setting aside the impugned orders passed by the learned Rent Controller as well as by the learned Appellate Authority. Learned Senior counsel also conceded for quashing of the ex-parte order dated 30.9.2004 and for allowing he petitioner to join the proceedings before the learned Rent Controller. However, citing various difficulties being faced by the respondent/landlord, it was prayed that the learned Rent Controller be directed to expedite the proceedings in the eviction petition and to conclude the same in a time bound frame. This prayer is not objected to by the learned counsel for the petitioner/tenant.

In view of the above concession given by learned senior counsel for the respondent/landlord, without going into merits of the case, in the interest of justice the impugned order dated 12.6.2006 passed by the learned Rent Controller and order dated 4.4.2008 passed by learned Appellate Authority are quashed and set aside. The application of the petitioner/tenant moved under order 9 Rule 13 CPC is allowed. Consequently, the ex-parte eviction order dated 31.5.2004 is also quashed and set aside. The petitioner is permitted to join the proceedings before the learned Rent Controller. The parties through their learned counsels are directed to appear before the learned Rent Controller-IV, Shimla on 19.4.2021. Considering the fact that the rent petition was filed as far back as on 4.7.2004, learned Rent Controller is directed to decide the matter on or before 31st March, 2022.

The petition is disposed off in the above terms. Pending application(s), if any also stand disposed off.