Hon’ble Sudhir Agarwal, J.—Heard Sri Manish Goyal, Advocate assisted by Sri Archit Mehrotra, learned counsel for revisionists and Sri Kshitij Shailendra, Advocate for respondents.

2. This civil revision has arisen from the judgment dated 21.2.2013 passed by Small Cause Court, Hathras in SCC Suit No. 09 of 1997. The plaintiff-respondent instituted small cause suit for a decree of ejectment against defendants-revisionists and recovery of Rs. 30,590/- (arrears of rent and damages for use and occupation) alongwith pendente lite and future damages at the rate of Rs. 1092.50 per month.

3. The dispute relates to a shop at ground floor in the building in dispute situated at Hospital Road/Tehsil Road, Sikandra Rao, District Aligarh. The plaintiff, Ram Murti Devi pleaded that monthly rent of shop was Rs. 950/- besides municipal taxes at the rate of 15% per month. The defendants-tenants committed default by not paying rent from 1.1.1995 despite repeated request and demand and also let out/sub let a portion of shop in question without consent of plaintiff-landlord to one Mohd. Ajaz son of Mohd. Zafar and realising Rs. 50/- per day as rent from him and, therefore, is guilty of sub-letti