- (1.) THIS is a tenant's writ petition challenging the judgment and order dated 1-11-1994 of the respondent No.1; VIth Additional District Judge Muzaffarnagar decreeing the suit filed by the respondent No.4 for ejectment of the petitioner and award dated 10-7-1991 of the arbitrator upon which the said decree is based.
(2.) THIS writ petition has been heard for final disposal at admission stage in view of the statement of the learned counsel for contesting respondent No.4 to the effect that he does not propose to file any counter affidavit in view of the material placed on record. The respodent No.4 had filed ejectment suit before the J.S.C.C. Muzaffarnagar on the ground of structural alterations likely to diminish the value of the shop in question and to disfigure it, and also on the ground of having sublet a portion of the said shop as well as having used it for a purpose other than for which he was admitted to the tenancy. The suit was contested and the allegations were denied by the petitioner.
(3.) THE J.S.C.C. by his judgment and order dated 30-10-1987 negatived the contentions of the respondent and dismissed the suit. A revision under Section 25 Provincial Small Cause Courts Act was preferred by the respondent. Another proceeding under Section 21 of 1972 for release on the ground of alleged personal need of the landlord was also pending between the parties.;