Vishnu Chandra Gupta,J.: -

Heard Sri S.K. Nigam, learned counsel for the revisionist and Sri P.K. Sinha, learned counsel appearing for the opposite party-landlord.

2. This revision u/s 25, Provincial Small Causes Courts Act is directed against the judgment and decree dated 28.5.2011 passed in S.C.C. Suit No. 8 of 2002 (Ameena Shafi Vs. Chhote Lal) by which the revisionist was directed to be evicted from the premises and for recovery of arrears of rent and damages for use and occupation from tenant/revisionist.

3. The brief facts for deciding this revision are that the plaintiff filed the suit for eviction of the revisionist from a shop situated in Defence Colony, Jajmau, Kanpur, which was alleged to be given in the tenancy of the opposite party No. 2 at a monthly rent of Rs. 2,000/- per month by erstwhile landlord. During the continuance of the tenancy of the revisionist, the property was purchased by the plaintiff-respondent and as such the plaintiff becomes the landlord by operation of law. When the rent was not paid, a notice under Section 106 of Transfer of Property Act (for short T.P. Act) has been given terminating the tenancy of the revisionist on the ground that the