JUDGMENT - (1) On the 14th August 1964 the petitioner-landlord filed an ejectment suit against the respondent-tenant in the Court of Small Causes at Bombay on the ground that the respondent was a defaulter in the payment of rent for more than six months. the summons of the suit was sent by registered post but it was returned by the post office as "unclaimed" The petitioner thereafter tried to serve the summons through the bailiff of the court but on two days when he went with the bailiff to the premises he found the premises locked and the service, therefore, could not be effected. On the 27th August 1964 he obtained an order from the court for substituted service, which directed the substituted service to be effected by pasting the summons on the premises and sending a copy thereof by registered post. Since the defendant did not appear even thereafter, an ex parte decree in favour of the plaintiff was passed on the 10th November 1964. The plaintiff executed the said ex parte decree and obtained possesseion of the property on the 16th December 1964 and within a day or two thereafter he let it out to another tenant. On the 19th December 1964 the respondent filed an application for s

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