J U D G M E N T

A. Muhamed Mustaque, J This original petition is filed by the tenant, who was set ex-parte in rent control proceedings for eviction. The main contention raised by the tenant is that she has not received notice in rent control proceedings. She approached the Rent Controller only when she received a notice in Execution Petition.

2. It is true that there was a delay in approaching the Court when she came to know about the Execution Petition. It is to be noted that the Rent Controller had not adverted to the fact that whether she had received notice in rent control proceedings or not. The Rent Controller could have verified the file and found out whether notice has been received by the petitioner-tenant or not. Serious irregularities have been committed by the Rent Controller. We would have inclined to remand back this matter.

However, the learned counsel for the tenant would submit that the tenant is prepared to clear the entire arrears of rent of Rs.1 Laksh and the ex- parte order may be set aside. Accepting this submission, we set aside the impugned order on condition that the petitioner would pay the entire arrears of rent approximately of Rs.1 Lakh within four weeks