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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4599 of 1989.

From the Judgment and order dated 16.9.1988 of the Punjab and Haryana High Court in Review Application 22-CII of 1988 in Civil Revision No. 2439 of 1980.

S.P. Goel, G.B. Singh and K.K. Mohan for the Appellant. S.M. Ashri for the Respondent.

The Judgment of the Court was delivered by K. RAMASWAMY, J. Special leave granted.

This appeal under Article 136 arises against the order dated Sept. 16, 1988 of the High Court of Punjab & Haryana refusing to review the order dated August 11, 1988 made in Civil Revision No. 2439/80 on its file. The facts leading to the decision are that the respondent Govind Ram, the father of the respondents/landlord laid the suit No. 118/77 (ini- tially numbered as O.S. No. 276/75) on the file of Sr. Sub Judge for ejectment and recovery of arrears of rent and damages for use and occupation of the shop in Gurgaon, let out to the appellant/tenant. The suit was originally laid in the Court of Sub Judge, IIIrd Class, Gurgaon, which was transferred later to the Sr. Sub Judge, Gurgaon, which was decreed ex-parte on October 20, 1977. The application under Order 9 Rule 13 C.P.C. to set aside the ex-parte decree was dismissed on January 10, 1979, and was confirmed on appeal on August 17, 1979 and in revision by the High Court on October 15, 1979. When the landlord laid the execution application for eject- ment the appellant objected under section 47 of C.P.C. contending that the decree of the Civil Court is a nullity as the premises in question is governed by the Haryana Urban (Control of Rent & Eviction) Act 11 of 1973, for short 'the Act'. The Controller under the Act is the competent forum regarding claims for ejectment on fulfilment of any of the conditions enumerated under Section 13 thereof. The Civil Court is divested of jurisdiction to take cognisance and pass a decree for ejectment of the appellant. That objection was overruled and on further revision the High Court dis- missed the revision by order dated March 19, 1980. Simulta- neously he also filed Writ Petition under Article 227 which was dismissed on September 30, 1988. This appeal is directed against that order of dismissal.