LALITA D NADKARNI Vs. S G PUNJABI

JUDGEMENT

(1.) ONE Dr. D. S. Nadkarni was the owner of Plot No. 11-C of Town Planning Scheme II of Andheri and the late Mrs. Manorama Y. Ambiye, was the owner of the adjoining plot being Plot No. 11-A of the same scheme. The owners of the said two plots entered into an agreement on 14th May 1957 under which they leased the said plot on monthly basis to the father of the first respondent. The petitioners are the successors-in-title of Dr. Nadkarni and Mrs. Ambiye while the First Respondent is the successor-in-title of his father. The tenancy in favour of the first respondent in respect of the plots was terminated by a notice dated 2nd October 1970.

(2.) THEREAFTER on 10th of August 1971 R. A. E. Suit No. 3866 of 1971 was filed in the Court of Small Causes at Bombay for eviction of the first respondent from the said plots and for possession. The first respondent was represented by an Advocate in the suit. He filed his written statement. Issues were framed on 22nd July 1976. It seems that on 28th June 1977 the Advocate of the first respondent withdrew his appearance for want of instructions.

(3.) FROM the end of 1978 onwards there were negotiations between the parties for settlement of the dispute and for the purchase of the said plots by the first respondent. Two adjournments were taken for this purpose in 1978-79. In March 1979 it is the contention of the first respondent that in view of the talks of settlement which were in progress, he did not engage another Advocate. He also remained under the impression that the suit will be got adjourned by the petitioners and hence he remained absent when the suit was called out on 3rd May 1979. He was also absent on 4th May 1979 when evidence was recorded. On 5th May 1979 an ex-parte decree was passed against the first respondent. This decree was executed by the petitioners on 13th July 1979 as a result of which the petitioners obtained possession of the said plots.