Hon’ble Sudhir Agarwal, J.—This revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the “Act, 1887”) has come up at the instance of defendant-tenant, who is aggrieved by the judgment and decree dated 21.3.2005 passed by Additional District Judge, Court No. 4,/Judge Small Cause Court, Banda in Small Cause Suit No. 3 of 1999. The Court below has decreed the suit partly directing plaintiff to refund Rs. 50,000/- deposited by defendant-revisionist towards security and on payment thereof the defendant-revisionist shall vacate disputed premises and handover vacant possession to plaintiff-respondent.

2. The dispute relates to shop situate in Mohalla Sarai, near Sabzi Mandi Raod, Banda. The plaint case set up by plaintiff is that disputed shop shown as ‘A, B, C, D’ in the map at the bottom of plaint, was initially owned by Sri Phool Chand Chowrasia (husband of plaintiff-respondent), who died on 11.12.1998, whereafter the plaintiff became owner thereof. The shop was let out by plaintiff’s husband in December, 1993 to defendant-revisionist on a monthly rent of Rs. 300/- per month. Alongwith shop the existing furniture was also let out. The