ASHA DEVI Vs. SPECIAL JUDGE VARANASI

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition arises out of an execution proceed ings.

(2.) RAM Chandra was a tenant of House No. D-36/145, Agustkunda, City Varanasi. One Govind Kanthaley was the original landlord. He sold the house to Pasant Rao Vedanti and Smt. Radha Devi Vedanti, respondents Nos. 3 and 4, by sale deed dated 31. 3. 1983. Respondent Nos. 3 and 4, after purchasing the property, sent a notice to RAM Chandra the tenant on 4. 8. 1983 demanding arrears of rent for the period 1. 4. 1983 to 31. 8. 1983. The notice is alleged to have been served by refusal. Respondent Nos. 3 and 4 filed Suit No. 480 of 1983 in the Court of Judge, Small Causes Court for arrears of rent and eject ment and damages, The tenant did not put in appearance in the suit and the court proceeded ex parte. On 14. 3. 1984 the suit was decreed ex parte for ar rears of rent and ejectment.

(3.) I have heard learned Counsel for the parties. Learned Counsel for the petitioner urged that ex parte decree dated 14. 3. 1984 is nullity. The court had not passed the decree in accordance with law keeping in view the provisions of Order XX, Rule 4 of C. P. C. The suit was decreed by the Judge, Small Causes Court by delivering formal judgment which runs as under : "this is the suit for arrears of rent and ejectment. The deft, has not contested the case and the case has proceeded ex parte against him. The plaintiff has proved his case through the affidavit 10-D. ORDEr The suit is decreed ex parte against the defolt. The defolt. To vacate the house in suit and deliver the possession to the plaintiff within 2 months and pay Rs. 175 towards arrears of rent up to 15. 9. 1983. The plaintiff will get mesne profits for pendente lite and future period at the rate of Rs. 32 per annum provided the court-fee is paid in execution. Dt. 14. 3. 1984. Sd/- R. N. Misra, J. S. C. C. Varanasi. "