JUDGMENT :

Sandeep V. Marne, J.

1. Revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 is invoked for setting up a challenge to the Decree dated 15 December 2008 passed by the learned Single Judge of the Small Causes Court R.A.E. and R. Suit No. 548/1331 of 1993. The Appellate Bench of the Small Causes Court has dismissed Appeal No. 37 of 2009 confirming the Decree of the Small Causes Court.

2. Plaintiff instituted R.A.E. and R. Suit No. 548/1331 of 1993 seeking recovery of possession of the suit premises on the grounds of default in payment of rent, unauthorised subletting, erecting permanent construction and nuisance/annoyance. The suit was filed against Defendant No. 1, who is the original Tenant. The Applicant, who claims to be son of Defendant No. 1-Tenant, was impleaded as Defendant No. 2 in the suit with an allegation that the first Defendant-Tenant has unauthorizedly sublet the suit premises in favour of the Applicant/Defendant No.2. When the suit summons was served, Defendant No. 1 failed to appear in the suit nor participated in its decision. The suit was defended by Applicant/Defendant No.2 by filing written statement and by leading