2024 SCMR 452 SUPREME-COURT

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NASIR KHAN VS NADIA ALI BUTT S. 25(3)---Ejectment petition---Ex-parte proceedings against tenant---Tenant deliberately delaying proceedings by not appearing before the Rent Tribunal---eviction petition was instituted on 22.04.2021 and summons were issued to the petitioner (tenant) for appearance on 30.04.2021, however, despite receipt thereof by the petitioner's brother, the petitioner was (also) duly served through alternate mode by way of publication in the newspaper and its affixation---Despite of that the petitioner failed to appear before the Rent Controller---Before passing ex-parte order, proceedings were adjourned on five consecutive dates i.e. 07.05.2021, 25.05.2021, 03.06.2021, 09.06.2021 and 16.06.2021 but the petitioner failed to ensure his appearance---On 21.06.2021, ex-parte proceedings were initiated whereby the evidence produced by the respondent (landlady) was recorded---After recording of the evidence, the petitioner made an application before the Rent Controller for setting aside ex-parte proceedings, however, he was unable to justify why he failed to contest the rent case and how he got knowledge if the summons were not duly served upon him---Deliberate disappearance by the petitioner in the rent case, prima facie, spoke volumes about his intention to prolong/delay the rent proceedings---Thus, the Rent Controller was fully justified in allowing the ejectment petition and directing the petitioner to handover peaceful and vacant possession of the demised premises to the respondent---Petition for leave to appeal was dismissed and leave was refused.