Firm Bhiwani Sahi Bishamber Dayal vs Deena

V.K. Jhanji, J.—This is landlord''s revision petition against the order of Rent Controller setting aside the exparte decree.

The landlord filed an ejectment application against the tenant for his ejectment. Despite service, tenant did not appear and that resulted in passing of exparte decree dated 23-8-1986. The tenant on coming to know about the passing of aft exparte decree, filed an application for setting aside the same.

The aforesaid application was resisted by the landlord. The Rent Controller after appreciating the evidence adduced by the parties on the application for setting aside the exparte decree, found that the tenant was served in the case. The exparte decree was set aside as the Rent Controller was of the view that even if, sufficient cause has not been shown for setting aside the exparte decree, but an application having been filed within the period of limitation, i.e. 30 days, the ex-parte decree is to be set aside. The Rent Controller vide the said order also imposed a costs of Rs. 500/- for setting aside the ex-parte decree. The landlord has impugned the said order in this Court.

No doubt, the Rent Controller has recorded a finding that tenant did not appear despite he was served in the case, yet the trial Court by exercising jurisdiction vested in it, set aside the ex-parte decree. Therefore, no interference is called for. The revision petition is accordingly dismissed, but with no order as to costs.