Heard parties. Rule. By consent rule made returnable forthwith. This petition is by the original defendant and appellant who is aggrieved and dis-satisfied with the order dated 22nd March 2010 in Misc.Notice No.59 of 2008. That notice was moved by the petitioner in R.A.E. & R. Suit No.1554/2281 of 2006.

2. It is common ground that an ex parte decree which was passed in the suit on 3rd August 2007 has been executed on 28th January 2008 and possession of the suit premises has also been taken by the respondents.

3. It is the case of the petitioner defendant that he came to know about the ex parte decree passed against him in the suit on the very date namely the date on which he was dispossessed from the suit premises. He has made an application to set aside that ex parte decree.

4. The ex parte decree was passed after it was stated before the trial court that the petitioner - original defendant is a monthly tenant in respect of the room Nos.4 and 7. The monthly rent is of Rs.60/- per month. The tenancy was terminated on 3rd January 2006. The petitioner is stated to be in arrears of rent and permitted increased since June 2004 to August 2006. The notice was returned back w