Hon’ble Rakesh Sharma, J.—Since the controversy involved in both the Civil Revisions are same, therefore, they are being heard together and disposed of by a common order, which is being passed in Civil Revision No. 322 of 2006.

2. Heard Shri B.D. Mandhyan, learned Senior Counsel assisted by Shri Satish Mandhyan for the revisionist-tenant and S/Sri M.K. Gupta and Manish Tandon for the respondents-landlord.

3. This revision was preferred by the tenant under Section 25 of Provincial Small Causes Courts Act, 1882 against the judgment and decree dated 23.5.2006 passed by learned Additional District Judge, Court No. VIII, Agra in S.C.C. No. 39 of 2002 in re.Col. Kapil Deo Ghai and another v. Abdul Majid Mir (A.Majid), by which the suit of the plaintiffs-respondents for ejectment of the defendant-revisionist from the house in dispute has been decreed.

4. It emerges from record that the house in dispute i.e. 43, Mall Road, Agra Cantt. Agra was earlier owned by one Lt. Col. Kishan Lal Ghai. He had purchased the house in the year 1964. After the death of Lt. Col. Kishan Lal Ghai, his wife Vidhya Ghai, three sons namely Col. Kapil Dev Ghai, Col.Bharat Bhushan Ghai V.K. Ghai and his daughter Swarn Lata became co-owners of the property.

5. A suit No. 39 of 2002 was filed by Col. Kapil Dev Ghai & Another Col. Bharat Bhushan Ghai, both sons of Col. Kishan Lal Ghai, original purchase of the house, claiming themselves to be owners-landlord of the said property seeking eviction of Shri Abdul Majid Mir, the tenant. Shri Abdul Majid Mir was impleaded as respondent No. 1 before the Small Causes Court in the suit. Shri V.K. Ghai, son of late Lt. Col. Kishan Lal Ghai, Dr. A.K. Handa, Col. Sandeep Handa and Sanjay Handa were impleaded as proforma defendants indicating in the suit that they were co-owners of the aforesaid property alongwith the plaintiffs.

6. The landlord set out the case that the residential house i.e. 43, Mall Road, Agra Cantt. Agra is a residential building (Kothi) having out houses, open lawns and other amenities. The defendant-tenant Abdul Majid Mir was inducted as tenant. He was paying rent @ Rs. 9,000/- per month besides taxes. It was categorically pleaded that the rent of the aforesaid property was being realised on behalf of the plaintiffs-owners from the tenant by Col. Bharat Bhusan Ghai (one of the plaintiffs). The defendant was paying Rs. 5,000/- through Account payee cheque and Rs. 4,000/- by cash to the aforesaid Col. Bharat Bhushan Ghai towards monthly rent. Thus, the rent was being tendered to Col. Bharat Bhushan Ghai, who was managing the property and looking after the affairs of the above said Ghai’s family.

7. The property was given to Shri Abdul Majid Mir, defendant-tenant for residential purposes but later on he without seeking consent and permission of the plaintiffs quitely and unauthorizedly converted into a commercial establishment. He was carrying on business of selling Carpets and other allied goods from the rented residential house as a result of which the building was converted into a shop or commercial establishment. Thus, the defendanttenant had changed the nature of the property and the purpose of tenancy. He had raised the illegal and unauthorised construction in the open land of property i.e..43, Mall Road, Agra without consent and permission of the plaintiffs. The description of the unauthorised construction have been given in the plaint and other documents. Extensive alterations were made in the building which had affected in changing the nature of the property materially and structurally, diminishing it in value and utility. A beautiful bungalow situate in posh Mall Road and cantonment of Agra was disfigured and as per the learned counsel for the landlord into a visual squalor. Extensive alterations, additions and new constructions were carried out clandestinely in the main bungalow. All these constructions were made sometime in February 2001.

8. The plaintiffs-landlord for these reasons sent noti