JUDGMENT

N.N. Mithal, J. - This is landlord's revision u/s 25 of the Provincial Small Cause Courts Act, 1887 whose suit for adjustment has been thrown out by the VI Additional District Judge, Kanpur.

2. The building was admittedly constructed in the year 1964 and consisted of four independent portions in which different tenants were in occupation The Defendant became a -tenant of the disputed portion some time in 1967 when the owner was residing out side Kanpur, where her husband was serving. On his retirement, they occupied one of the four portions in the building in July 1982.

3. According to the Plaintiff, the tenant was liable to adjustment on two grounds i.e. for making constructions which damaged and disfigured the building and for committing default in the payment of rent along with taxes as required by law despite notice of demand and termination of tenancy dated 25th July 1983.

4. The Defendant denied the allegations. He pleaded an agreement to pay a fixed amount of Rs. 56.25 per month in addition to the monthly rent of Rs. 280/- inclusive of all taxes and future variations therein. According to him the burden of additional tax could not be recovered as rent from him. As for t