- (1.) THIS is a landlords petition and is directed against the judgment Dated 29-4-1995 passed by the VIth Additional district Judge, Bareilly in SCC Revision No. 6 of 1994 whereby it has allowed the revision and set aside the judgment and decree of the Trial Court, decreeing the suit for recovery of arrears of rent, damages and ejectment.
(2.) A SCC Suit No. 177 of 1985 was instituted in respect of a property, being municipal No. EC 14/ 138/5 (a shop), on the allegations that the defendants have unauthorisedly made certain material structural alterations therein and has sublet a portion of the said premises to M/s Seth brothers Private Limited wherein they have permitted to carry on the business of purchase and sale of foreign liquor as also on the ground of default in payment of rent. It was alleged that the tenancy was determined by a notice dated 24-6-1985. The Trial Court decreed the suit on the finding that the defendants-tenants have sub-let the shop to m/s Seth Brothers Pvt. Ltd. and the tenancy was duly terminated. On other counts, such as, default in payment of rent and structural alterations, the Trial Court found in favour with the defendant-tenants. The revisional Court, by the impugned order, set aside the findings of the trial court on the aforesaid two points and dismissed the suit in its entirety.
(3.) HEARD learned counsel for the parties.;