Dilip Gupta, J. - (1.) The tenants, against whom an ex parte decree for ejectment and arrears of rent was passed on 25.1.1999 in SCC Suit No. 18 of 1998, have filed this petition under Article 226 of the Constitution for setting aside the judgment and order dated 24.9.2003 passed by the learned Additional District Judge, by which the Revision filed by the landlord under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the 'Act') was allowed and the order dated 28.7.2003 passed by the Judge Small Cause Courts in Misc. Case No. 2 of 1999 was set aside. The Revisional Court further rejected the application (44C) filed by the tenants and directed that the application filed by the tenants under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') shall be decided by the Trial Court in the light of the observations contained in the order.
(2.) SCC Suit No. 18 of 1998 had been filed by the landlord on 11.7.1998 for ejectment of the tenants and for arrears of rent. It was stated that the defendants had been given the shop on rent at the rate of Rs. 200/- per month and Rs. 30/- towards House Tax and Water Tax; that the defendants had not paid rent or tax from 1.1.1995 as a result of which the notice dated 24.5.1997 was sent by Registered post for termination of tenancy and for payment of arrears of rent and tax but inspite of due service of the notice the defendants did not deliver vacant possession of the shop and nor did they pay the arrears of rent and tax. The plaintiff, therefore, claimed that he was entitled to rent from 10.7.1995 to 30.6.1997 amounting to Rs. 4733.33 and damages from 1.7.1997 to 10.7.1998 amounting to Rs. 2466.67. House Tax and Water Tax from 10.7.1995 to 10.7.1998 amounting to Rs. 1080/- was also claimed. Pendentelite damages were also claimed. The suit was decreed ex parte by the order dated 25.1.1999 and the defendants were directed to pay rent, House Tax, Water Tax and damages within a period of two months.
(3.) The tenants filed an application under Order 9 Rule 13 CPC for setting aside the ex parte decree along with an application under Section 5 of the Limitation Act on 12.4.1999.;