Hon’ble Manoj Kumar Gupta, J.—Heard counsel for the plaintiff-revisionists Sri KM Garg and Sri Faneesh Mishra for the defendant-opposite party.

2. The instant revision is directed against the judgement and decree dated 26.11.2009 passed by Additional District Judge, Court No. 1, Bijnor in SCC Suit No. 11 of 2009, whereby the suit filed by the plaintiff-revisionists (for short ‘the plaintiffs’) for recovery of arrears of rent and eviction against the defendant-opposite party (for short ‘the defendant’), has been dismissed.

3. The suit was filed with the allegation that the defendant was tenant in a shop which was a construction of the year 1992, assessed for the first time on 1.1.1994 and consequently, U.P. Act XIII of 1972 (for short ‘the Act’) was not applicable to it. The rent at the rate of Rs. 1700/- per month was due from January 2009 and taxes since the year 2008-09. The tenancy of the defendant was terminated by a notice dated 29.1.2009 but since he failed to vacate, therefore, the suit was instituted.

4. The defendant contested the suit by filing a written statement in which he pleaded that he had given an advance of Rs. 80,000/- to Dev Dutt Dixit, the predecessor-i