N.N.Mithal, J. - (1.) This is a defendants second appeal in a suit for ejectment filed by the landlord on the ground that the defendants had made material alterations in the property in his tenancy and, therefore, the defendants have become liable for ejectment in view of S. 3 of the U. P Act No. Ill of 1947.
(2.) The disputed constructions, on the basis of which it is claimed that the defendants have made material alterations are not in dispute and are as under: 1. The defendants have placed a Khaprail in place of Khasposh. 2. Kuchcha Kothas have been converted into pucca ones which are six in number. 3. Open place has been enclosed and included in the accommodation in question.
(3.) The defendants contested the suit and claimed that these constructions had been made in order to save them from rain-water and fire and that the constructions are not such as could make them liable for ejectment within the meaning of S. 3 of the U. P. Act No. Ill of 1947. It was further contended that these constructions have been made within the knowledge and with the consent of the landlord.;