Devendra Kumar Upadhyaya, J. - (1.) -This revision petition under Section 25 of the Provincial Small Causes Court Act filed by the tenants-defendants (revisionists herein) challenges the validity of the judgement and order dated 13.03.2013, passed by Additional District Judge, Court No.8, Bulandshahar, whereby SCC Suit filed by the plaintiff-landlord (respondent herein) for eviction from premises in question has been decreed and the tenants-defendants (revisionists herein) have been directed to handover the vacant possession of the premises in question with a further direction to pay damages for use of premises at the rate of Rs. 1285.00 per month from the date of institution of Suit till the date of handing over the possession of the premises in question to the plaintiff-landlord.
(2.) Heard Sri Nitin Kumar Agarwal, learned counsel for revisionists and Sri Ashish Agarwal, learned counsel for respondent.
(3.) The father of sole respondent, late Ram Chandra Goel, filed a suit for ejectment against the tenants-defendants (revisionists herein) on the ground that (i) defendants have materially altered the godown (premises in question) by constructing a wall whereby partitioning the godown which has resulted in diminishing the value and utility of the tenanted premises and in its disfigurement and that (ii) the defendants have defaulted in paying rent since 16.12.2002. Thus, the grounds taken in the suit seeking ejectment of the tenants-defendants by the plaintiff (respondent herein) were two folds i.e. ejectment was sought not only on the ground of default in making payment of rent but also on the ground of materially altering the premises.;