K. S. Rakhra, J.—This revision under Section 25 of Provincial Small Causes Court Act has been filed against the judgment and decree dated 9.3.2004 passed by the First Additional District Judge, Varanasi in S.C.C. No. 21 of 1999, Mukund Das v. Vijai Kumar, whereby, the suit of the plaintiff for ejectment of the revisionist and for recovery of arrears of rent etc. has been decreed.

2. Heard Dr. R. G. Padia learned counsel for the revisionist and Sri Ajai Kumar Singh, learned counsel for the opposite party. Perused the record.

3. The opposite party landlord brought a suit with the allegation that about 25 years ago, he had let out an open piece of land to the revisionist for keeping empty drums, trolleys, etc. on this land on payment of rent as mentioned in the plaint. Later on, he also permitted the defendant tenant to raise a temporary tin-shed kothari without doors on the lease land. This construction was raised with the understanding that it will be removed at the costs of the tenant as and when required by the landlord. The landlord after giving notice under Section 106, C.P.C. brought suit for recovery of arrears of rent and ejectment.

4. The tenant contested the suit,