SAMARPAN VARISHTHA JAN PARISAR Vs. RAJENDRA PRASAD AGARWAL

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the High Court of Judicature at Allahabad dtd. 1/10/2021 whereby the revision petition filed by the plaintiffs-respondents was allowed and interim injunction was restored, as was granted by the learned Trial Court.

(2.) The Municipal Corporation, Lucknow has constructed an old age home named Samarpan at Adil Nagar, Ring Road, Lucknow. In terms of the advertisement published on 5/12/2004, the appellant was granted lease for running such old age home initially for 15 years from 1/9/2005, but with a condition of renewal for a further period of 15 years. One of the conditions in the lease was that an Advisory Board shall be constituted by the lessee i.e., the appellant. The appellant framed rules and regulations for grant of services at the old age home. Such rules and regulations contemplated that the cooperation fund deposited by the inmates shall be used for accommodation, food, bed and other essential services of living and general treatment but expensive medical treatment and expenditure was to be borne by the inmates themselves. It also provided that if any rules of the complex are violated by any inmate, the Administration has got full right to expel him and dismiss his membership by issuing him one month period's notice. The relevant clause reads thus:

(3.) It was on 23/4/2016, the plaintiffs-respondents filled up an admission form to stay in the old age home giving the details about his four children, one son and three daughters. Two of the daughters stay at Lucknow and one son and one daughter are staying in Faizabad. The plaintiffs had also executed affidavits to comply with the rules and regulations as mentioned above.