DEVI RAMCHAND WASWANI Vs. S V BASTIKAR

JUDGEMENT

(1.) THESE two matters arise out of an order passed by the Judge of the City Civil Court upon a Notice of Motion being taken out before him to set aside an ex parte decree. The learned Judge set aside the ex parte decree, refused immediate restitution which was sought but directed that the restitution be effected after the suit was disposed of if such restitution was necessary at that time.

(2.) THE plaintiff filed a suit against the defendant for a declaration that the defendant was her licensee, of the suit premises in 1959 and that the period of licence, viz. , 11 months having expired the plaintiff was entitled to possession of the suit premises. The suit was contested by the defendant mainly on two grounds (1) that the defendant was a sub-tenant of the plaintiff and (2) that the premises being of a Co-operative Society the Civil Court had no jurisdiction to decide any disputes between the parties as the exclusive jurisdiction to decide such disputes was in the registrar of Co-operative Societies under Section 91 of the Co-operative Societies Act.

(3.) THIS suit reached hearing on March 25, 1966 after being placed for hearing on several earlier dates. When the suit was called out neither the defendant not his counsel were present. Plaintiff led her evidence and an ex parte decree was made on the same day. Execution was taken out by the plaintiff and on May 14, 1966 possession was taken by the plaintiff and the decree was fully executed.