Hon’ble Mrs. Poonam Srivastava, J.—Heard Sri M.A. Qadeer, Senior Advocate assisted by Sri Shamim Ahmad, counsel for tenant/petitioner and Sri K. Ajit, counsel for contesting landlord/respondent.

2. Counter and rejoinder affidavits have been exchanged. The counsels for respective parties agree that the instant petition may be decided finally at the stage of admission itself.

3. The dispute relates to a shop measuring 8 x 10 situated at Taxi Stand Road, Civil Lines, Rampur. Petitioner is a tenant of the said shop at the rate of Rs. 400/- per month. Plaintiff/respondent gave a notice for demanding arrears of rent on the ground of default in payment of rent as well as material alteration in the shop in dispute on 20.7.2002. After expiry of period of notice, S.C.C. Suit No. 12 of 2002 was instituted for recovery of arrears of rent and damages.

4. The Judge Small Causes Court decreed suit on 24.3.2007 in favour of plaintiff, which was challenged in S.C.C. Revision No. 21 of 2007. The judgment and decree of the Judge Small Causes Court was confirmed in S.C.C. Revision, same was dismissed by Additional District Judge, Court No. 2, Rampur, vide judgment and order dated 4.11.2008. Bo