K.C.Agrawal. J. - (1.) THIS is a Plaintiff's revision filed under Section 115 Code of Civil Procedure against a judgment of the Fourth Additional District Judge, Aligarh, dated 17 -1 -1976. By the said judgment, the Additional District 'Judge accepted the revision of the Defendant opposite party and dismissed the suit of the Plaintiff.
(2.) THE Plaintiff is the Mutwalli of a waqf which owns the property in dispute. This had been let to the Defendant in the year 1949. The terms and conditions of the lease were also reduced to writing. After serving a notice of demand and termination of tenancy dated 18 -4 -1971, the Plaintiff filed a suit in 1973 for ejectment on the grounds given in Clauses (b) and (c) of Sub -section (2) of Section 20 of U.P. Act XIII of 1972. In a nutshell, the allegations were that the Defendant had without the permission in writing of the Plaintiff made such construction in the building as was likely to disfigure it.
(3.) THE suit was contested by the Defendant, inter alia, on the ground that the constructions had been made with the permission in writing of the landlord, and, as such, the Defendant was not liable to be evicted.;