Yogendra Kumar Srivastava, J. - (1.) Heard Sri Shesh Pandey, Advocate holding brief of Sri Tarun Verma, learned counsel for the revisionist.
(2.) The present revision has been filed against the order dated 09.03.2009 passed by the Additional District Judge, Court No.13, Varanasi in SCC Suit No.28 of 2007 (Smt. Prema Kumari Vs. M/s Narayan Krishi Udyog Pvt. Ltd. & Anr.) whereby the suit of the plaintiff-revisionist instituted for eviction of respondent-tenants and arrears of rent was dismissed.
(3.) Briefly stated the facts of the case are that the plaintiff filed a suit, SCC Suit No.28 of 2007 for ejectment, possession and arrears of rent in respect of the part of the premises bearing House No.21/4D, Maldahiya, Varanasi, which was contested by the defendant-tenant by filing a written statement, whereafter oral and documentary evidence were led by the parties. On the basis of the pleadings of the parties and evidence on record the trial court framed the following issues/points of determination:-;