MAHADEO Vs. VITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS is a tenant's petition against the judgment and order dated 2.7.1987 of the J.S.C.C., Fatehpur decreeing the suit of the respondent Nos. 3 and 4 for ejectment of the petitioner and the respondent No. 5 from the shop, arrears of rent and damages and the order dated 2.11.1989 of the Additional District Judge, Fatehpur confirming the same in revision.

(2.) THE suit was filed by the respondent Nos. 3 and 4 against the petitioner Mahadeo, and the respondent No. 5 Bhola with allegation that Mahadeo was the tenant of the shop in question on Rs. 20 per month as rent. He committed default in payment of rent from 1.4.1989 and did not pay the same despite service of notice dated 20.11.1982 by means of which the tenancy was also determined. He has also caused substantial damage to the building and has sub-let the same to respondent No. 5 Bhola. The suit was contested by the two defendants wherein the allegations of default, material alteration and sub- letting were denied. The learned J.S.C.C. negatived the plaintiff's plea of default and substantial damage to the building but upheld the same on the point of sub-letting and decreed the suit which was confirmed in revision.

(3.) THE contention on behalf of the petitioner by his learned Counsel is that the finding of the Courts below on the point of sub-letting is based on mis- interpretation of evidence and that even as per own statement of the plaintiff and his witness sub-letting was not proved.