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2003 Supreme(P&H) 753

M.M.KUMAR
Balwant Rai Tayal – Appellant
Versus
Subhash Oil Company – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Sub-section (6) of Section 15 of the Haryana Urban (Control) of Rent and Eviction Act, 1973 (for brevity, the Act) challenges order dated 4.5.2002 passed by the Appellate Authority, Hisar accepting the appeal of tenant-respondents wherein ex pane judgment dated 27.2.1998 passed by the Rent Controller, Hisar was challenged. The Rent Controller in his order dated 27.2.1998 has accepted the application of the landlord-petitioner by proceeding ex pane against the tenant-respondents and ordered their ejectment. The ex parte order passed by the Rent Controller reads as under: -

"In evidence statement of Balwant Rai Tayal PW1 was recorded who stated on oath that he was owner and landlord of the demised property and the defendants were his tenants and the property in question was given to the respondents in the year of 1969 at the rate of Rs. 400/- per month therefore, from time to time the rent of the demised property was enhanced and now the defendants were paying Rs. 1250/- per month which was also not paid in time. PW1 further deposed that the respondent did not pay rent from the period of 1.1.95 to upto date and stressed that the resp











































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