1. By this order, I shall dispose of the above two petitions, one preferred by the landlord and the other by the tenant, arising out of the same order dated 28th August, 2003 passed in RCA 541 of 2003.

2. Brief facts relevant for purpose of deciding these petitions are that the landlord Mahendra Singh Bajaj, who is no more in this world, had filed an eviction petition bearing number 153 of 1988 against the tenant Baldev Kumar Pahwa, proprietor of Pahwa Garments in respect of a shop let out to him on monthly rental of Rs.300/- on account of non-payment of rent under Section 14(1)(a) of Delhi Rent Control Act. Notice of this eviction petition was served upon the tenant and the tenant appeared in the proceedings of eviction petition but later on stopped appearing. The eviction petition under Section 14(1)(a) was allowed ex parte. However, an order under Section 15(1) was passed by the ARC and benefit of Section 14(2) of DRC Act was given to the tenant. The tenant filed an application under Order 9 Rule 13 Civil Procedure Code for setting aside the ex parte order passed in eviction petition number 153 of 1988 giving benefit to the tenant under Section 14(2) of DRC Act. In this