SUBHALAKSHMI SUBHASH RAJDERKAR Vs. URMILA RAMESHCHANDRA PARIKH

JUDGEMENT

(1.) THE petitioner is the original plaintiff in Regular Civil Suit No.1629 of 1987 which was filed in the Small Cause Court at Pune. The respondent is original defendant 1. For the sake of convenience, the parties are referred to in this judgment as per their status in the trial court.

(2.) THE plaintiff owns House No. 1187/62-2 situated at Shivajinagar, Pune, which is situated within the limits of Pune Municipal Corporation. Defendant 1 is a tenant of the three rooms and kitchen on the ground floor. For the sake of convenience, House No.1187/62-2 is referred to as the 'suit house', and part of the suit house, which was in possession of defendant 1 and her daughters, is referred to as the "suit premises Regular Civil Suit No.1629 of 1987 was filed by the plaintiff for eviction of defendant 1 and her four daughters, viz. defendants 2, 3, 4 and 5, on the ground of her reasonable and bonafide requirement and personal use and also on the ground of non-user for a period of six months preceding the date of the filing of the suit. Though all the four daughters were parties to the suit, they have not been impleaded as respondents in the present petition.

(3.) ON 30th April, 1988, the Small Cause Court, Pune, passed an ex-parte decree against the defendants. The learned Judge observed that defendants 4 and 5 are formal parties and that the notice issued to defendant 1 is returned with remark "not claimed". The learned Judge did not say anything about the notice of the rest of the defendants. Paragraph 8 of the Judgment reads as follows: