1. This appeal has been filed against the judgment and decree dated 30-11-1989 passed by Sri S.K. Mlshra the then District Judge, Pauri Garhwal In Civil Appeal No. 11/1988 dismissing the appeal arising out of judgment and decree dated 25-9-1988 passed by Sri D. P. Garola in Civil Suit No. 1/1986 decreeing the suit of the plaintiff.

2.. Brief facts of the 'Case are that the plaintiff/respondent filed a suit for possession and ejectment of the appellants/defendant from the disputed shop on the ground that premises were given to one-Pratap Singh (defendant) on rent @ Rs. 300/- per month for the fixed period of five years w.e.f. 01-07-1980 by virtue of a lease deed dated 01-07-1980. The electric and water charges had to be paid by the tenant in addition to the rent. After taking the shop on rent, Pratap Singh joined the services in GRIEF (B.R.O.) and sub-let the said shop to Dinesh chandra Khanna. But, after expiry of the lease. deed of five years Pratap Singh did not vacate the shop. Thereafter, the plaintiff/respondent filed a suit against Pratap Singh. Pratap Singh died during the pendency of the suit. The suit was contested by the legal representatives of Pratap Singh and