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2018 Supreme(P&H) 2930

RITU BAHRI
Santosh Sharma – Appellant
Versus
Randhir Kumar Oberoi – Respondent


Advocates Appeaerd:Mr. Anish Setia, Advocate, for the petitioner.
Mr. Varun Sharma, Advocate, for the respondent.

JUDGMENT

Ms. Ritu Bahri, J.:- Santosh Sharma-petitioner (tenant) has filed this petition against the order dated 21.05.2012 passed by the Rent Controller, Jalandhar, whereby her application for setting aside the exparte ejectment order dated 08.02.2007 has been dismissed.

2. Case pleaded by the petitioner was that she had received summons to appear before the Executing Court on 15.12.2007 and thereafter, she came to know that an exparte ejectment order dated 08.02.2007 had been passed against her by the Rent Controller. From 14.01.2008 to 16.01.2008, there were holidays and the application for setting aside the exparte order was filed on 17.01.2008, which was within the period of limitation from the date of knowledge i.e. 18.12.2007 when she came to the Court and got knowledge about the ejectment order dated 08.02.2007.

3. On notice, respondent-landlord put in appearance and took the ground that application was hopelessly time barred. Summons of ejectment petition was received by Mamta, daughter of tenant-applicant Santosh Sharma. She was served on 14.12.2007. After being served, no enquiry was made by her on 14.12.2007 to 17.12.2007.

4. From the pleadings of the parties, following

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