The Trial Court passed an ex parte decree for eviction and directed the defendant to pay a sum of Rs.29,700/ as arrears of rent and damages at the rate of Rs.27.50 per day from the date of filing of the eviction petition till the date the possession is delivered to the landlord.
The appellant filed a petition under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, which was rejected by the Trial Court and the said order has been companyfirmed by the High Court in revision.
It is number in dispute that after the passing of the ex parte decree, possession of the premises in question was delivered to the landlord who let out the same to another person on 5th March, 2002.
Heard learned companynsel for the parties.
Hence, this appeal by special leave.
