D.A. DESAI, J.

(1) THIS is a matter in which the appellants have been evicted from the premises in which they were staying, under a decree which on the face of it is an ex parte decree.

(2) HUSBAND of the first appellant was the tenant of the premises and unfortunately he died on 3/05/1974 at Arnritsar. According to the appellants, widow and minor children of the deceased tenant left for Karachi on 1/02/1975. The suit was filed against the appellants on 2/02/1975 for recovery of arrears of rent and possession. When the suit was filed the only ground on which eviction was sought was that the appellants were in arrears of rent for a period of six months or more and there being no dispute about the standard rent of the premises in view of the provision contained in S. 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act (No. LVII of 1947) (Rent Act for short) decree for eviction must follow as a matter of course. The writ of summons of the suit after an attempt as service was returned with an endorsement left. It is said that service was effected by sticking a copy of the writ of summons on the premises the subject matter of the suit. Subsequently plai