The Trial Court found that he was also one of the tenants who lived along with the father and declared that the ex parte decree for eviction was number binding on him.
The appeal against the said decree was dismissed and so too the Writ Petition by the High Court.
That decree was put into execution and the possession was recovered by the landlord.
After the death of Gopal Kurup the appellant landlord filed an eviction petition on the ground of bona fide requirement and default in payment of rent.
On August 13, 1979 respondent 1 filed a suit out of which the present appeal arises.
He claimed that he was one of the tenants living in the premises at the time of death of his father Gopal Kurup and the ex parte decree obtained by the landlord was, therefore, number binding upon him.
On March 31, 1977, the suit was decreed ex parte, apparently on the ground of failure to pay the arrears.
He left behind his widow, two sons and daughters.
The premises in question was under the occupation of one Gopal Kurup.
Special leave granted.
His mother and brother alone were impleaded as parties.
In that suit, the respondent 1 was number a party.
That was R.A.E. Suit No.
5136/76 on the file of the Small Causes Court, Bombay.
