1. Tenant in RCOP No.143 of 1995 on the file of Rent Controller/XIV Small Causes Court, Madras is the revision petitioner.

2. Eviction petition was filed by landlord under section 14(1)(b) of Tamil Nadu Buildings (Lease and Rent Controller) Act alleging that the scheduled building is required for immediate demolition and reconstruction. Tenant filed counter stating that the claim is not bona fide.

3. On22. 1996, the case was posted for evidence on which date PWl was examined and petitioners witness was called absent and consequently he was declared exparte and an order of eviction was also passed. Tenant moved an application to set aside the ex parte order with an application to condone delay of 267 days as per M.P.No.780 of 1996. In the affidavit in support of the application tenant said that they along with other members of family went to their native village where they met with an accident on 20.2.1996 and consequently they could not appear in court when the case was called. They could return to Madras only during second week of October and they came to know that an exparte order has been passed. Tenant stated that in view of the

"accident they could not file applica