R.BANUMATHI, J. - (1.) Leave granted.
(2.) This appeal arises out of the judgment dated 09.10.2009 passed by the High Court of Allahabad in Revision Petition No.543 of 1989 dismissing the revision petition filed by the original plaintiff/landlord thereby affirming the judgment of the trial court dismissing the ejectment suit of the plaintiff/landlord.
(3.) Brief facts of the case are that the suit property No.37(old), 17 and 18 (new numbers) situated at Beli Bazar, Meerut was let out by the original plaintiff/landlord (Nazar Mohammad Zaidi) to the original defendants (Abdul Qayuum and Hazi Anvaruul Haq) by way of registered rent agreement dated 12.08.1968 for a period of ten years at the rent of Rs.750/- per month. There was a specific term in the rent agreement which envisaged renewal of the rent agreement by execution of a separate registered agreement for a further period of five years at enhanced rent from Rs.750/- to Rs.800/- per month. After expiry of the original term of lease, landlord (Nazar Mohammad Zaidi) filed ejectment suit in SCC Suit No. 2 of 1981 for eviction of defendants/tenants inter alia on the pleas:- (i) that the period of lease has expired; the defendants/tenants have failed to get the fresh lease deed executed at the enhanced rent of Rs.800/- per month; (ii) the defendants/tenants have put up construction of shops in the suit premises and let out the same to third party in violation of the terms of the rent agreement; and (iii) default in payment of rent and municipal tax by the defendants.;