- (1.) The present revision has been filed by the tenant under S. 25 of Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 16-8-1985 passed by Sri D. C. Srivastava, IVth Additional District Judge, Kanpur in S.C.C. Suit No. 117 of 1982.
(2.) By the decree which is impugned in the present revision, respondent's suit for eviction of the applicant from the accommodation and land in suit, which in the common parlance is called 'petrol pump' and for recovery of damages at the rate of Rs. 500.00 per month w.e.f. 1-7-80 till the date of eviction has been decreed with cost.
(3.) For the purpose of effective disposal of the revision, facts of the case which are not disputed may be briefly stated as follows :-M/s. Kailash Motors (hereinafter referred to as 'the landlord') under an agreement dated 4-71960 let out the property in suit (hereinafter called 'building') to M/s. Standard Vacuum Oil Company on rent of Rs. 500.00 per month for a period of ten years with the liberty to get the lease renewed for another period of ten years. Subject matter of lease was open space of land with right to construct oil dispensing pump with show room and lavatory. The tenant M/s. Standard Vacuum Oil Company was a sister concern of M/s. ESSO, and it was M/s. ESSO which owned and controlled the tenant M/s. Standard Vacuum Oil Company. The lease at the first instance expired on 3-7-1970 before which, on 12-3-1970, the lessee exercised its right of renewal but no agreement deed of lease was executed for further period of ten years though the tenancy continued and the lessee, namely, M/s. Standard Vacuum Oil Company continued to remain tenant of the property in suit.;