IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5177 of 2008 (O&M) Date of decision: 27th August, 2010 Ajit Kumar @ Mahuwa … Petitioner Versus Jainendra Gurukula Panchkula and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sanjeev Pandit, Advocate for the petitioner. Mr. Vivek Suri, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Jainendra Gurukul, Panchkula instituted an eviction petition against respondent No.6, from House No.B-26-A. It was stated that the premises had been sub-let to the petitioner. The petitioner was proceeded against ex-parte and his eviction was ordered on 25th November, 2005. During the pendency of proceedings, petitioner filed an application for setting aside the order, whereby he was proceeded against ex-parte, but the same was dismissed vide order dated 18th October, 2005 (Annexure P-7). Aggrieved against the same, petitioner had filed an appeal. The appellate Court dismissed the appeal and the ground pleaded that opportunity of hearing be afforded to the petitioner, was rejected due to the conduct of the petitioner. I have heard counsel for the parties. This Court is of the opinion that due opportunity ought to be afforded to the petitioner to project his case and if the ex-parte order is Civil Revision No.5177 of 2008 (O&M) allowed to continue, it will deprive the petitioner of fair play. Therefore, taking into consideration the principle of fair play and balance of equities, the impugned order dated 25th November, 2005 passed by the Rent Controller, Panchkula and order dated 27th May, 2006 passed by the appellate authority are hereby set aside, along with the order whereby the petitioner was proceeded against ex-parte. The parties shall cause their appearance before the Rent Controller, Panchkula on 4th October, 2010. The Rent Controller shall decide the eviction petition within a period of six months from the date of receipt of a certified copy of this order. The petitioner has been instrumental in delaying the proceedings, therefore, he is hereby fastened with a cost of Rs.10,000/-, on payment of which, the Rent Controller shall determine the provisional rent and thereafter, proceed with the matter in accordance with the provisions of law. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE August 27, 2010 rps 2