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2003 Supreme(P&H) 309

M.K.KUMAR
Vijay Kumar – Appellant
Versus
Tara Chand – Respondent


Judgment

M.K.Kumar, J.

1. This petition filed under Sub-Section 6 of Section 15 of the Haryana Urban (Control of Rent & Eviction), Act, 1973 (hereinafter referred to as the Act), is directed against the judgment of the Appellate Authority, Narnaul, dated September 22, 1988. The Appellate Authority had dismissed the appeal of the tenant-petitioner on the ground of limitation observing that the tenant-petitioner had been intentionally delaying the proceedings because after tendering the rent on August 03.1984, he filed the written statement on October 27, 1984 and thereafter, he never appeared. On December, 13, 1984, he was proceeded exparte and two years thereafter, the Rent Controller passed the order ejecting him from the demised premises on the ground that he had caused material impairment to the demised premises and had ceased to occupy the same for a period of 3 to 4 years preceding the filing of the ejectment petition, which was instituted on February 10, 1984. The Appellate Authority by taking into consideration all the facts has concluded that no effort was made by the tenant-petitioner to seek setting aside of the exparte order passed on December 13, 1984 and he had moved th




















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