( 1 ) THIS revision is directed against the judgment and decree of Sri R. K. Rastogi, IV Addl. District Judge, Jhansi dated 7-1-1984 who decreed plaintiffs suit while functioning as Judge small Cause Court.

( 2 ) IT was a suit for ejectment and recovery of arrears of rent and damages for use and occupation.

( 3 ) IT was averred that defendant was tenant of the shop in dispute belonging to plaintiff No. 1 on a monthly rent of Rs. 200/ -. Tenancy used to commence from the first date of every month of english calendar and used to expire on the last date of the month.

( 4 ) RENT remained unpaid from 1-5-1980 up to 30-10-1980 despite notice dated 5-11-1980 served on defendant on 12-1 1-1980. It was also a notice to vacate the premises and determine the tenancy. Defendant neither paid the rent nor vacated the premises; Hence the suit.

( 5 ) PENDING the proceedings plaintiff No. 1 sold the disputed shop to her son, plaintiff No. 2.

( 6 ) DEFENDANT contested the suit on the ground that agreement was to pay rent at the rate of Rs. 100/- per month; Rs. 200/- per month were payable in case the walls of the shop were made pucca; plaintiff did not carry out the part of her agre