N.D. Ojha, J.

This is a Defendant's civil revision u/s 25 of the Provincial Small Cause Courts Act against the decree passed by the IVth Addl. District Judge, Agra, sitting as Judge, Small Cause Court, whereby a suit for ejectment from a premises situate at Shivaji Marg, Firozabad, district Agra, and for arrears of rent and mesne profits etc. tiled by the opposite party was decreed.

2. The case of the opposite party was that he was the owner of an Ahata, that on 5th April, 1967, an agreement was executed by the applicant whereby the opposite party was required to make certain constructions in the said Ahata and on the completion of the constructions the applicant was to take them on rent. The case of the opposite party further was that in pursuance of that agreement the required constructions were made by him and were let out to the applicant on 6th October, 1967, for a period of five years on a rent of Rs. 300/- per month. Since after the expiry of the term of five years and even after a notice being served on him the applicant did not vacate the premises nor did he clear off the arrears of rent and the taxes which under the agreement were payable by him the necessity to f