Sudhir Chandra Verma, J. - (1.) THE petition is directed against the order of the Judge Small Causes Court dated 27 -9 -1983 and the order passed in revision by Vth Additional District Judge dated 12 -3 -1984 under Section 25 of the Provincial Small Causes Court Act. The plaintiff's suit for arrears of rent and ejectment has been decreed holding that the disputed accommodation was constructed in the year 1974 and was also assessed in the year 1974 and as such the provisions of the U.P. Act No. 13 of 1972 are not applicable. The tenancy was determined by the valid notice under Section 106 of the Transfer of Properties Act. The plaintiff has also proved that the accommodation was sublet by defendant No. 2. These findings of fact are borne out from the material on record and do not suffer from any illegality or infirmity. The learned Counsel for the petitioner contended before me that there was an agreement between the parties that the defendant No. 1 will be allowed to retain the accommodation for 10 years. This plea has been raised by the defendant No. 1 in his written statement. Since the defence of the defendant No. 1 has been struck off and the order has become final, the plea raised by the counsel for the petitioner cannot be entertained at this stage. Moreover, there is nothing to indicate that this plea was raised before the courts below at any stage and the same was not considered. The petition has no merit and is accordingly dismissed.;