JAI KISHAN GOSWAMI Vs. DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) THE present petition is directed against the order dated 17.2.1986 rejecting the application for setting aside ex parte decree dated 27.5.1975 and the order dated 22.1.1987 passed in revision as also ex parte decree dated 27.5.1985.

(2.) THE S.C.C. Suit No. 102 of 1984 was filed in the Court of Judge, Small Causes Court by the respondent No. 3 against the petitioner and the respondent No. 4 who are brother and sister, for arrears of rent and ejectment.

(3.) THE ex parte decree dated 27.5.1985 was passed as the petitioner Nos. 1 and 2 as also respondent No. 3 failed to appear on the date. It was held on the basis of plaint allegations that the plaintiff is landlord and the notice terminating tenancy was served on 29.4.1984 by refusal and thereafter summons sent by registered post, although received by the respondent No. 3 were refused by the petitioner Nos. 1 and 2 and they shall be deemed to be served. The respondents did not appear inspite of service of summons. An ex parte decree was passed decreeing the plaintiff's suit for ejectment and arrears of rent for Rs. 325.20.