Inspite of sufficient service as held by order dated 7. 11. 1998, no one has appeared on behalf of the contesting respondent No. 2.

2. Heard learned Counsel for the petitioner.

3. Landlord-respondent No. 2 filed SCC Suit No. 155 of 1998 against ten ant-petitioner for his eviction on the ground of default and for recovery of rent. Rate of rent of the tenanted property in dispute is Rs. 15. 62/- per month. In the plaint, it was stated that rent from May, 1983 till June, 1985 had not been paid. It was prayed that arrears of rent till the date of filing of the suit amounting to Rs. 437. 25/- might be directed to be paid by the tenant-defendant and he should also be directed to pay rent/damages for use and occupation at the rate of Rs. 15. 62/- during pendency of the suit and till his actual eviction. Suit was decreed ex parte on 14. 12. 1988. In execution of ex parte decree, tenant was dis possessed on 13. 12. 1994. Thereafter on 16. 12. 1994, tenant-petitioner filed restoration application. In compliance of section 17 of Provincial Small Causes Courts Act, tenant alongwith restoration application deposited Rs. 440/- as decretal amount. The restoration application was re