SINHA,J. - (1.) THIS is a defendant's second appeal arising out of the judg­ment and decree dated 11th December, 1968, passed by the District Judge, Shahjahanpur, in Second Appeal No. 55 of 1968.
(2.) THE facts of the case, briefly stated, were as follows: The respondent filed a suit against the appellant for his ejectment from four shops which were in his tenancy. One of the grounds on which the relief of ejectment was asked for was that the appellant had made material alterations in the building. The suit was resisted by the appellant and he had, inter alia, pleaded that the alleged material alteration had not been made by him, but by the plaintiff-respondent himself in consequence of an agreement reached between him and the plaintiff-respondent. The trial court held that the appellant, without the permission of the plaintiff-, opened a door at a place where formerly there was an Almirah and it amounted to material alteration. In consequence of this conclusion, the learned trial court decreed the plaintiff's suit for possession and for arrears of rent and damages.
(3.) FEELING aggrieved against the judgment and decree of the trial court, the defendant filed an appeal in the court of the District Judge, Shahjahanpur. The learned District Judge, however, concurred with the finding of the trial court that the appellant had made material alteration in the building and, accordingly, dismissed the appeal vide his judgment and order dated 11th of December, 1968. It is against that judgment that the present appeal is directed.;