Hon’ble Prakash Krishna, J.—This is plaintiffs revision under Section 25 of Provincial Small Cause Court Act against the judgment and decree dated 12-9-1997 passed by Judge Small Cause Court (Special Judge), Muzaffarnagar in SCC Suit No. 62 of 1989.

2. The facts giving rise to the present revision ,in brief, are as follows :

Ghyasuddin, the predecessor in interest of the present applicants, instituted SCC Suit No. 62 of 1999 on the pleas inter-alia, that he was the owner and landlord of the disputed property described at the foot of the plaint and the same was let out to the State Bank of India, opposite party, on a monthly rent of Rs. 3,000/- .The tenant Bank failed to pay rent with effect from 1-9-1989. The property in question was a new construction . It was constructed in the year 1985, so the provision of U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (herein after referred to as Act No. 13 of 1972) are not applicable. The tenancy was terminated by means of notice dated 26-9-1989 which was served on the defendant on 27-9-1989 and the tenancy stood terminated on 27-10-1989. The defendant tenant inspite of termination of tenancy failed to vacate