M.M.Punchhi, J.

1. The petitioner Mahant Garib Dass filed an application for ejectment of his tenants Smt. Harbans Kaur and others way back in the year 1978. The prominent ground of eviction was that alterations and new constructions had been made in the demised premises without the consent of the landlord and this had tended to impair the value and utility of the demises building. The necessary issues were struck. The petitioner-landlord had examined two witnesses and proposed to examine more on the adjourned date. On 12.3.1981 when he was present with his evidence, none appeared for the tenant-respondents. The Rent Controller called the case a number of times on that date but eventually finding the respondents not putting in appearance, proceed ex parte. On that date itself, he examined two witnesses of the petitioner i.e. the Local Commissioner, who had inspected the spot, and the petitioner himself. The evidence of the petitioner was closed and arguments were heard. The following day i.e. 13.3.1981 was fixed for orders.

2. One of the tenants Jagjit Singh moved an application, Exhibit A.1, on 13.3.1981 before the Rent Controller, for setting aside the ex parte proceeding