( 1 ) FOR the decision of the writ petition, the essential facts are as underjwala Prasad Plaintiff instituted Small Cause Suit No. 2 of 79 in the Court of J. S. C. C. (Civil Judge) against Raj Kumar and 10 other defendants and alleged in the suit that the disputed shop along with Kothari described at the foot of the plaint was given on rent to defendant No: l and Vishwanath for Rs. 30. 00per month and in that connection the defendant No. 1 and Vishwanath executed rent deed in plaintiffs favour on Ist March, 1970. It was also alleged that after the death of Vishwanath his legal representative became the tenant of the said shop. It was also alleged that on the demand of rent from 1/07/1973 to 31/01/1975 at the rate of Rs. 40. 00 per month, the defendant did not pay the same even despite repeated demand, on that basis plaintiff does not want to continue the defendants as tenants, the plaintiff terminated the tenancy of defendants by notice and the plaintiff prayed for the relief that the plaintiff be put in possession of this disputed shop by evicting the defendants also demanding the decree of mandatory nature in plaintiffs favour.

( 2 ) THE defendants contested th