JUDGMENT :

J.J. Munir, J.

This revision is directed against the judgment and decree of Mr. Arun Chandra Srivasava, Additional District Judge, Court No. 6, Agra dismissing S.C.C. Suit No. 21 of 2005 for eviction, recovery of arrears of rent and mesne profits.

2. According to the revisionist, the plaintiff in S.C.C. Suit No. 21 of 2005, he is the owner in possession of property bearing Premises No. 1/2008, Professors' Colony, Civil Lines, Agra. The defendant, who is the respondent to this revision, according to the plaintiff-revisionist (for short, 'the plaintiff'), proposed to the plaintiff that if the latter were to construct a shop on the corner of his lawn, which was part of his premises No. 1/208, Professors Colony, Civil Lines, Agra, the defendant would take the shop on rent in the sum of Rs. 10,000/- per mensem. The plaintiff got a shop constructed on the south-western corner of his lawn between the months of July to August, 2003 and let it out to the defendant-respondent (for short, 'the defendant'). The defendant entered the tenanted shop, accepting it on a rent of Rs. 10,000/- per month. The tenancy commenced on 28.8.2003. The defendant paid to the plaintiff rent for the perio