ORDER :

R.C. Lahoti, J.

The appellants, who are landlords of the suit accommodation, filed a suit for ejectment of the respondent tenant from a non-residential accommodation i.e. a shop, on the ground available under clause (e) of sub-section (2) of Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "the Act" for short). It was alleged that the tenant had discontinued using the shop for his own business. The shop was lying closed. However, the platform in the front part of the shop but forming part of the tenancy premises was allowed to be used by an unidentified person for holding the shop of ready made garments. That person would display ready made garments on the platform and on the front portion of the shop and sell the same therefrom. It was also alleged that some fruit vendors were allowed to keep their fruits in the shop during the night-time allowing the suit premises to be used as a cloakroom. On the evidence adduced by the parties, the Small Cause Court, Varanasi, which tried the suit, found the averments made in the plaint proved. On a cumulative effect of the circumstances that the tenant had himself dis