Suneet Kumar, J. - (1.) The defendant/tenant has approached this Court assailing the judgment and decree dated 30 September 2015 passed by the Additional Sessions Judge, Shahganj in Revision No. 1 of 2015 arising from the SCC Suit No. 13 of 2009 for eviction, arrears of rent and damages in respect of the suit property which is a shop.
(2.) Five issues were framed by the court of first instance, issue no. 3, as to whether after new construction of the building a new tenancy existed between the parties since October 2004.
(3.) The courts below upon considering the evidence and material available on record noted that the applicant failed to establish that his old/earlier tenancy continued upon re-induction in the new premises by the respondent.;