Sudhir Agarwal, J. - (1.) Heard Sri Udyan Nandan, learned counsel for the petitioner and perused the record.
(2.) The writ petition is directed against the judgment and order dated 22.8.1991 passed by Small Cause Court, Bareilly in SCC Suit No.89 of 1986 decreeing the suit and directing for ejectment of petitioner- tenants from accommodation in question and revisional judgment and order dated 29.11.1999 passed by VIIIth Additional District Judge, Bareilly dismissing petitioners SCC Revision No.45 of 1991.
(3.) The dispute relates to a residential house i.e. No.406-A/1, Kunwarpur (Shivpuri) Bareilly. Sri Manohar Lal Garg (since deceased and now substituted by his legal heirs) was the tenant in the house in dispute and Sri Harish Chandra Saxena (since deceased and now substituted by his legal heirs) was owner and landlord thereof. A suit for ejectment of tenant was filed by landlord on the ground of material alteration and disfigurement etc. of residential accommodation in question. The suit was contested by the tenant denying any material alteration etc. The Trial Court appointed an Advocate Commissioner to inspect disputed building who submitted report on 11.10.1989 (Annexure 3 to the writ petition).;