Judgment

Special leave granted.

2. The premises in question was under the occupation of one Gopal Kurup. He left behind his widow, two sons and daughters. 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. That was R.A.E. Suit No. 5136/ 76 on the file of the Small Causes Court, Bombay. In that suit, the respondent (1) was not a party. His mother and brother alone were impleaded as parties. On March 31, 1977, the suit was decreed ex parte, apparently on the ground of failure to pay the arrears. That decree was put into execution and the possession was recovered by the landlord.

3. 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, not binding upon him. 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 not binding on him. The appeal against the said decree was dismissed and so too the Wr