RAM KUNWAR Vs. IIND ADDITIONAL DISTRICT JUDGE BANDA

JUDGEMENT

(1.) TARUN Agarwala, J. By means of this petition, the petitioners have challenged the order dated 1-7-1987 passed by the Judge Small Cause Court, Banda, and the revisional order dated 23-3- 1988 where by the suit of the landlady for eviction of the petitioners on the ground of sub-letting and material alteration was decreed.

(2.) THE facts of the case are that the landlady, respondent No. 3 filed a suit for ejectment of the petitioners alleging that the petitioner No. 1 was the tenant and that he was in arrears of rent w. e. f. 30- 12-1981 and that he did not pay the rent inspite of repeated demands. It was also alleged that the tenancy of the petitioner No. 1 was not for residential purposes, but the accommodation was being used for business purposes. It was also alleged that the petitioner No. 1 had sub-let the premises in question to petitioner No. 2, who was using the premises for his business purposes in the name and style of "rai Light House". THE landlady further submitted that the petitioner No. 1 had constructed a kiosk in front of the house and thereby, caused material alteration, which not only diminished the value of the building but also disfigured it.

(3.) AGGRIEVED by the order of ejectment passed by the Judge Small Causes Court, the petitioners filed a revision, which was also dismissed.