but ultimately the suit was disposed of on the 1st march 1967 on compromise between the parties.
according to the terms of the companypromise decree the judgment debtor was to hand over possession of the suit premises to the decree holders within a period of three years i.e. by 1st of march 1970.
thereupon the decree holders filed an execution case to get possession of the property.
the respondent companytested the execution on the ground that the decree was a nullity.
the 17th october 1975 of the gujarat high companyrt in civil revision appln.
n. ganpule for the respondent.
the respondent filed a written statement with a view to companytest the suit.
eventually on account of the default of the defendant the suit was taken up for hearing ex parte and an ex parte decree was passed on the 16th of march 1966.
civil appellate jurisdiction civil appeal number 226 of 1976.
but he did number do so.
the grounds made out were in accordance with the relevant provisions of the bombay rents hotel and lodging house rates companytrol act 1947 hereinafter to be referred to as the act.
the appellants filed a suit against the respondent in the small causes companyrt at ahmedabad in 1964 claiming a decree for eviction against him on the ground of number payment of rent and bonafide personal necessity.
appeal by special leave from the judgment and order dt.
the defendant applied under order ix rule 13 of the companye of civil pro cedure hereinafter to be referred to as the companye for setting aside the decree.
number 679 of 1972 .
the sole respondent is the judgment debtor.
h. parekh manju sharma c. b. singh for the appellants.
the judgment of the companyrt was delivered by untwalia j. this is a decree holders appeal by special leave.
