C.R. No.5697 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 05.08.2009 Khudas Ali .....Petitioner versus Kuldeep Kaur and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.N.S.Bawa, Advocate, for the petitioner. Mr.S.S.Bawa, Advocate, for the respondents. -.- Surya Kant, J. The petitioner-tenant is aggrieved at the order dated 2.8.2008 passed by the learned Rent Controller, Chandigarh, whereby his application to recall the order dated 25.10.2007 of proceeding against him ex-parte, has been dismissed. Notice of motion was issued in this petition and in response thereto, learned counsel for the parties have been heard at some length. It appears that on 25.10.2007, learned counsel for the petitioner-tenant could not appear for the bonafide reasons beyond his control. It is not a case where sheer negligence can be attributed to the petitioner. For the reasons stated above, this revision petition is allowed and the impugned order dated 2.8.2008 is set-aside. The petitioner-tenant's application to recall the ex-parte proceedings is accepted and the order dated 25.10.2007, passed by the learned Rent Controller, is also set-aside. C.R. No.5697 of 2008 2 Learned counsel for the respondents-landlady, however, points out that the petitioner-tenant has neither tendered the arrears of rent nor is paying the monthly rent. In these circumstances, while directing the parties to appear before the learned Rent Controller on 30.9.2009, the petitioner-tenant is directed to tender the entire arrears of rent alongwith interest @ 9% per annum, before the Rent Controller on the date fixed. He shall also keep on paying the monthly rent by 10th of every calendar month. It is made clear that in case the petitioner-tenant fails to tender the arrears of rent upto 30.9.2009, in that event, this revision petition shall be deemed to have been dismissed. Dasti. 05-08-2009 (SURYA KANT) Mohinder JUDGE