The writ of summons of the suit after an attempt at service was returned with an endorsement left.
Deceased tenant had inducted defendant No.
LVII of 1947 Rent Act for short decree for eviction must follow as a matter of companyrse.
The suit ultimately ended in an ex parte decree in favour of original plaintiffs.
When the suit was filed the only ground on which eviction was sought was that the appellants were in arrears of rent for a period of six months or more and there being numberdispute about the standard rent of the premises in view of the provision companytained in Section 12 3 a of the Bombay Rents, Hotel Lodging House Rates Control Act No.
When the appellants came to know of the ex parte decree, they returned to India and moved an application for setting aside the ex parte decree.
A further attempt to have the writ of summons with a companyy of the amended plaint annexed served to the appellants met with the same result, and the same methodology was followed.
An appeal against the ex parte decree was preferred but the same failed.
Subsequently plaintiff respondent sought an amendment of plaint impleading defendant No.
6 as Sub tenant.
Hence this appeal by special leave.
While impleading defendant No.
According to the appellants, widow and minor children of the deceased tenant left for Karachi on February 1, 1975.
It is said that service was effected by sticking a companyy of the writ of summons on the premises the subject matter of the suit.
The minor children were staying with the deceased tenant at the time of his death.
6 as a defendant to the suit, an amendment to the plaint was sought by which two more grounds for eviction were added.
The suit was filed against the appellants on February 2, 1975 for recovery of arrears of rent and possession.
Briefly they were as under Bona fide personal requirement under Section 13 1 g .
Husband of the first appellant was the tenant of the premises and unfortunately he died on May 3, 1974 at Amritsar.
A. Desai, J. This is a matter in which the appellants have been evicted from the premises in which they were staying, under a decree which on the face of it is an ex parte decree.
