Janadarn Sahai, J. - (1.) This is a revision of the defendant/tenant against the decree of the Judge Small Causes, Ghaziabad decreeing the suit for rent and ejectment. The submission of Sri Rajesh Tandon, learned Senior Advocate who appeared for the applicant is that under the terms of the lease deed a permanent tenancy in favour of the defendant/tenant has been created and the defendant could be evicted only on default for period of three months in the payment of rent. Copy of the lease deed has been enclosed as Annexure-2 to the stay application. The said agreement contains a clause that the property was being let-out for a period of three years. Clause 8 of the said agreement contains the default clause. The effect of the default clause on a true construction of the agreement is that the tenant can be evicted in case of default even during the period of three years for which the premises were let out. It is provided in Para 12 of the agreement that after the period of thee years a fresh agreement would be entered into between the parties. Admittedly, no fresh agreement was entered into. No permanent tenancy has been created. As such the reliance placed by the learned Counsel for the applicant upon Clause 8 of the agreement that he could be thrown out only in case of default is misconceived. No other point was pressed.
(2.) Considering the fact the defendant is having a manufacturing unit upon the tenanted premises it appears proper that some time be given to it for vacating the premises. In the facts and circumstances nine months time from today is granted to the defendant/tenant to vacate the premises.
(3.) Subject to these observations the revision is dismissed. Revision dismissed.;