AHMED KHAN Vs. GRACY D SOUZA MISS

JUDGEMENT

(1.) The writ petition under Article 227 of the Constitution of India is filed by the original defendant. Respondent is the original plaintiff. Petition arises out of an application made by the defendant with a prayer to set aside the ex parte decree in Suit No. 763/2405/81 of the Small Causes Court, Bombay.

(2.) The aforesaid suit was filed by the original plaintiff following provisions of the Bombay Rent Act against the defendant, on the grounds of arrears of rent, sub-letting and unauthorised construction and praying for possession of the premises. In this suit, the respondent-plaintiff could not serve the defendant in proper way. He obtained order from the Court for substituted service. On the strength of the substituted service, the Small Cause Court passed an ex parte decree for delivery of possession of the suit premises on 2nd November, 1982.

(3.) The suit premises is situated at Bombay. It is a shop premises wherein the defendant is alleged to have been carrying on business.