This revision has been filed against the judgment and order dated 7.9.2010 passed by the Judge, SCC/Additional District Judge, Court No.1, Lakhimpur Kheri.

2. The facts giving rise to the present revision are that plaintiff Usman Naqvi being a blind person and also incapable of protecting his right and interest by reason of unsoundness of mind and mental infirmity filed a suit through his next friend Shahnawaj Naqvi his father. Usman Naqvi proceeded to let out his shop to revisionist-defendant in the year 1996 on a monthly rent of Rs.1200/-. The said shop was given on rent by Shahnawaj Naqvi on behalf of Usman Naqvi and Shahnawaj Naqvi has been receiving the rent of the said shop. The shop was initially taken on rent for a period of one year and thereafter it was not vacated although the revisionist was required to vacate the shop in the month of September, 1997. A Suit was filed by the revisionist against the respondent in respect of the claim of Rs.20,000/- being taken by the respondent as advance although it is stated that the said advance was never taken in any form by the respondent. The shop was taken on rent for store purposes, but the revisionist started us