- (1.) This is plaintiff-landlady's revision under section 25 of the Provincial Small Causes Courts Act. It arises out of SCC Suit No. 31 of 2001 which has been dismissed by the Trial Court vide judgment and decree dated 6th January, 2007. The dispute relates to 79, Tagore Town, Allahabad of which the plaintiff is admittedly owner and landlady. She let it out on monthly rent of Rs. 2,100/- under rent agreement to the defendant-tenant opposite party herein, for a period of five years i.e., 1.6.1985 to 31.5.1990. It appears that the defendant-tenant continued to pay the rent at the rate of Rs. 2,100 A per month, even after expiry of the aforesaid period. Thereafter, the plaintiff terminated the tenancy of the defendant-tenant and filed suit giving rise to the present revision. Eviction was sought for on the ground that the provisions of U.P. Act No. 13 of 1972 are not applicable as the rent is above Rs. 2,000/- per month and secondly, the defendant-tenant has disfigured the building by raising constructions. The Trial Court has found that the provisions of U.P. Act No. 13 of 1972 are not applicable but since there was renewal clause in the agreement between the parties and there being no renewed lease, it would be presumed that the defendant-tenant continues to be tenant on the old terms and conditions. This being so, the tenant being not a defaulter in terms of the lease agreement, is not liable for eviction. It was further found that the defendant-tenant has not disfigured the building.
(2.) Learned Counsel for the applicant does not dispute the findings recorded by the Court below on the question of disfigurement of the building. The applicant has challenged the finding in the present revision, recorded by the Trial Court on issue No. 1 only.
(3.) Heard the learned Counsel for the parties and perused the record.;