Sudhir Agarwal, J. - (1.) Heard learned counsel for petitioners and perused the record.
(2.) Writ petition is directed against the order dated 17.5.2012 passed by Revisional Court partly allowing the respondent-tenant's revision and dismissing petitioners' suit insofar as it relates to ejectment of respondent-tenant and reversing the decree of Trial Court to this effect.
(3.) Learned counsel for petitioners submitted that in the tenancy deed as executed between the parties, by mistake there was mention of date which resulted in twelve months' tenancy though it was mentioned in the said paragraph itself that it is only for eleven months and, therefore, it was a sheer typing mistake. However, he could not dispute that petitioners have also admitted and accepted the rent for twelve months pursuant to the aforesaid tenancy deed i.e. from February, 2007 to January 2008. The Revisional Court, in the circumstances, has found that not only from the agreement between the parties but also from the conduct of landlord, it is evident that tenancy was for twelve months and the rent was also accepted for the said period and, therefore, after expiry of twelve months, continuation of tenancy will attract principle of "holding over" and such a tenant could have been ejected from rented premises only in accordance with provisions contained in U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") and since no notice terminating the tenancy was given, ejectment of respondent-tenant was not valid.;