Hon'ble BHANSALI, J.—This revision petition under Section 115 CPC is directed against the order dated 20.2.2003 passed by the executing court, whereby objections filed by the petitioner under Section 47 read with Section 151 CPC have been dismissed.

2. Brief facts of the case may be noticed thus: the respondent-decree-holder filed Civil Original Suit No. 164/1980 on 16.10.1980 seeking eviction of the petitioner-tenant from the suit premises and for arrears of rent. The suit was filed on the ground of default in payment of rent, denial of title and reasonable and bonafide necessity under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (`the Act of 1950'). The suit was set ex-parte against the petitioner-defendant on 27.7.1983 and the same was decreed ex-parte on 27.8.1983. While passing the judgment, the learned trial Court noticed the fact of the suit being proceeded ex-parte against the defendant and thereafter held as under:-

^^oknh us ,d izkFkZuk i= bl vk'k; dk is'k fd;k fd og vius c;ku tfj;s 'kiFk i= is'k djuk pkgrk gSA vr% mls 'kiFk i= is'k djus dh vuqefr iznku djkosA bl ij vuqefr iznku dh x;hA oknh us vius c;kuksa esa okn esa vafdr rF;ksa dh iqf

Click Here to Read the rest of this document