( 1 ) HARISH Kumar and his brothers applied in the Court of the Rent Controller for the eviction of Ram Kumar and his brother Ram Krishan on the grounds of (i) default in payment of rent, (ii ) sub-letting and (iii) bona fide personal requirement. These pleas were controerted and it was added that Ra n Kishan being the real brother of Ram Kumar, was living with him and there was no question of sub-tenany. On 9th September, 1960, claim against Ram Kishan was given up and Ram Kumar being absent, ex pane evidence was led on the basis of which an order of eviction based on the ground of subletting was passed against Ram Kumar

( 2 ) AN application for setting aside the exparte order was made by Ram Kumar, but the same was dismissed in default. An application for restoration of that application was also dismissed in default on 17th Jannary 1962. The same day, a further application was made for re-to- ration of th" earlier application for restroration dismissed in default on 17th January 1962. This later application was dismissed on tha merits on 12th April, 1962 on the finding that no sufficient ground was shown for the absence of appaarance on l7th January, 1962 when th