Siddharth, J. - (1.) Heard Sri Ramendra Asthana, learned counsel for the appellants and Sri S.K. Mishra, learned counsel for the respondents.
(2.) This is defendant's second appeal against the judgment and decree dated 09.03.2018 passed by District Judge, in Civil Appeal No. 59 of 1993, Jhansi, affirming the judgment and decree dated 22.02.1993 passed by Additional Munsif No. III, Jhansi, whereby the Original Suit No. 230 of 1989 of the plaintiff for recovery of arrears of rent and ejectment was decreed.
(3.) The brief facts of the plaint are that original plaintiff, Ali Bux, was owner in possession of house no. 789/01 and adjacent plot, situated behind Chhoti Masjid, Masihaganj, Sipri Bazar, Jhansi and deceased original defendant, Ram Lal, was tenant over the said land at a monthly rent of Rs. 45; that the tenancy started from 15th day of every month and ended on 14th day of next month; that initially the land was let out to the defendant for running a wood shop but he stopped the aforesaid business and unauthorizedly started business of selling sweets thereon; that defendant took electricity and water connection and on objection by the plaintiff, he created dispute; that provisions of U.P. Act no. 13 of 1972 are not applicable on the land in dispute; that the plaintiff needed the land for his son hence he sent a notice dated 16.01.1989 terminating his tenancy which was served on him on 18.01.1989; that defendant instead of vacating the land sub-letted a portion of the same to one Anwar Khan who started the work of repairing tins and tanks; that the plaintiff instituted the suit for ejectment for defendant as well as for recovery of arrears of rent of Rs. 93/-, damages for unlawful use and occupation amounting to Rs. 40 and mesne profit of Rs. 45 per month.;