PUSHPENDRA KUMAR Vs. BABULAL

JUDGEMENT

(1.) THIS is a revision under section 25 of the Small Causes Court Act against the judgment and order dated 7-10-1988 passed by the Additional District Judge/Special Judge, E. C. Act, decreeing the suit filed by the plaintiff opposite party (landlord) and ordering the eviction of the applicant (tenant) from the shop in dispute.

(2.) THE facts in brief are these : THE opposite party filed suit no. 18 of 1986 against the applicant on the allegations that the shop in dispute was taken by the applicant on the basis of an agreement to the effect that the applicant would carry on the business of tobacco, Bin, Match Boxes etc. in it and would not transact any other business in it ; that lateron the applicant started business of general merchandise in the shop in dispute ; that the applicant was thus guilty of inconsistent user of the shop ; that the applicant had made material alterations in the shop by removing the old wooden fixtures and putting new ones of his own choice ; that the applicant was in arrears of rent at the time of the notice and was thus a defaulter within the meaning of section 20 (2) (a) of U. P. Act 13 of 1972 ; that the applicant was also guilty of sub-letting the shop to another person ; and that after the determination of the tenancy the applicant was liable to pay damages at the rate of Rs. 190/- per month. THE relief claimed in the suit was for the eviction of the applicant from the shop in dispute and a decree for arrears of rent and damages.

(3.) ON the basis of the evidenge adduced in the case on behalf of the parties and hearing arguments the trial court recorded the findings :