Hon’ble B. Amit Sthalekar, J.—This civil revision arises out of the judgment of the Small Causes Court in proceedings under the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (in short the Act, 1974) in Small Causes Court Suit No. 28 of 2006.

2. Briefly stated the facts are that the plaintiff landlady filed a suit being JSC Suit No. 28 of 2006, Smt Santosh Kappor v. Manohar Lal Gaira, for eviction of the tenant from the shop in question and for giving possession to the plaintiff landlady thereof, together with arrears of rent of Rs. 39,600/-.

3. Briefly stated a suit was filed by the plaintiff landlady (respondent herein) being SCC Suit No. 28 of 2006 in respect of shop No. 19 situated in Gulzari Mal Dharmshala Road Moradabad, which was stated to have been let out to the revisionist-tenant for Rs. 1,100/- per month as rent. The allegation in the plaint was that the revisionist had committed default in payment of rent from June, 2003 till 22.7.2006 amounting to Rs. 41,506/- and also that he had made material alterations in the shop by digging up the flooring in the ground floor and carved out a basement without the consent or written permission of t