Ambika Murali V. Valliammal

Rent Control & Eviction – The Eviction Petition was filed primarily on three grounds; (i) willful default, (ii) unauthorized subletting and (iii) creating additional accommodation. Rent Controller passed an ex-parte order directing the tenants to deposit the arrears of rent. Applications filed for setting aside ex-parte decree stating that they came across about the ex-parte decree of eviction at the stage when the Court Amin came to take possession of their shops. The Rent Controller dismissed their application seeking condonation of delay. The High Court in its revisional jurisdiction after taking into consideration the material on record, arrived to the conclusion that the delay of 175 days was bona fide and has been satisfactorily explained and allowed the application seeking condonation of delay of 175 days. In sequel thereof, the ex-parte decree was set aside and the matter was remitted back to the Rent Controller to hear the parties on merits. Appeal dismissed.