Hon’ble Shashi Kant Gupta, J.—This revision has been filed against the order dated 16.8.1991 passed by Additional District Judge, VIIth, Gorakhpur in S.C.C. Suit No. 15 of 1982, whereby the suit filed by the plaintiff for arrears of rent and ejectment was decreed against the revisionist.

Brief facts of the case are as follows :

2. The suit for arrears of rent and ejectment was inter alia filed on 24.11.1982 on the following allegations :

(I) The plaintiff/opposite party was the owner of the disputed shop situated at Bhalotia Market, Mohalla-Begpur Muglani alias Mian Bazar, Gorakhpur in which the revisionist/defendant was the tenant paying rent at the rate of Rs. 300/- per month.

(II) The defendant had taken the shop on rent for eleven months only and his tenancy was monthly starting from the first date of each English Calender month and ending on the last day of the said month.

(III) The defendant had executed memorandum of agreement of tenancy on 1.8.1981 for a period of 11 months i.e. for the period from 1.8.1981 to 30.6.1982.

(IV) The shop in question was constructed in the year 1978 hence U.P. Act No. XIII of 1972 does not apply upon the same and the defendant had admit