S.C.VERMA, J. - (1.) THE present petition is directed against the order dated 17.2.1986 rejecting the application for setting aside ex parte decree dated 27.5.1975 and the order dated 22.1.1987 passed in revision as also ex parte decree dated 27.5.1985.
(2.) THE S.C.C. Suit No. 102 of 1984 was filed in the Court of Judge, Small Causes Court by the respondent No. 3 against the petitioner and the respondent No. 4 who are brother and sister, for arrears of rent and ejectment. The plaintiff alleged that he is the landlord of the premises water-tax number 1174 (old number 1951) whose boundaries are given at the foot of the plaint, and the petitioner Nos. 1 and 2 and the respondent No. 3 are the tenants thereof after the death of their mother who was formerly the tenant. The registered notice dated 26.10.1984 terminating the tenancy was served on the defendant by refusal on 29.10.1984 and the plaintiff claimed rent from 10.12.198(sic) to 29.11.1984 @ Rs. (sic) 24 as also for damages the period for (sic)0.11.1984 to 10.12.1985. The plaintiff further claimed damages @ Rs. 200/- per month from the date of decree upto the date of delivery of possession.
(3.) THE ex parte decree dated 27.5.1985 was passed as the petitioner Nos. 1 and 2 as also respondent No. 3 failed to appear on the date. It was held on the basis of plaint allegations that the plaintiff is landlord and the notice terminating tenancy was served on 29.4.1984 by refusal and thereafter summons sent by registered post, although received by the respondent No. 3 were refused by the petitioner Nos. 1 and 2 and they shall be deemed to be served. The respondents did not appear inspite of service of summons. An ex parte decree was passed decreeing the plaintiff's suit for ejectment and arrears of rent for Rs. 325.20.;