SEBASTIAN FRANCIS RODRIGUES Vs. DADARAO DIGAMBAR TAUR

JUDGEMENT

(1.) THIS is Defendant's motion. Heard the learned counsel for Defendant. Perused the notice given to the Plaintiff's advocate dated 7.11.97 which bears the signature of the advocate of the Plaintiff as acknowledgment. The said notice is taken on record.

(2.) THIS suit was filed under Section 6 of the Specific Reliefs Act and motion is taken out for getting back the possession. Initially i.e. by order dated 19th February, 97 only injunction in terms of prayer (c) was granted. The plaintiff preferred appeal against the said order but that was withdrawn and the Plaintiff's motion no.655/97 was expedited. When the motion came for hearing on 7.2.97 nobody appeared for the Defendant, nor any affidavit in reply was filed. Consequently, by speaking and reasoned order Court-Receiver was appointed in respect of the suit premises and plaintiff was ordered to be put in possession as agent of the Court-Receiver.

(3.) THIS motion is taken out by the defendants for setting aside ex-parte order dated 17th June, 1997 on the ground that since the Defendants were illiterate and were not properly informed by their advocates they could not file affidavit in reply. Regarding merits it is contended by the Defendants that Plaintiff had voluntarily given the possession of the suit premises after the agreement for live and licence came to an end.