LAXMI & CO vs DR. ANANT R. DESHPANDE & ANR.

The Supreme Court interpreted Section 42A of the Presidency Small Cause Courts Act, 1882, as amended by the Maharashtra Amendment Act, 1963, clarifying that the term 'appears' refers to the physical presence of a party at the hearing. The Court held that it is not mandatory for the trial court to frame a preliminary issue regarding tenancy if the occupant does not appear. Consequently, the appeal was allowed, affirming the occupant's right to retain possession despite their absence at the hearing.