BAL NIKETAN NURSERY SCHOOL Vs. KESARI PRASAD

JUDGEMENT

(1.) The question falling for consideration in this appeal by special leave is whether the High Court has erred in law in quashing the order of eviction passed against the respondent by the Judge, Small Cause Court as confirmed by the Additional District Judge and remitting the suit to the trial Court for fresh consideration in the event of the trial Court allowing an application by the appellant under O. 1, R. 10, Civil P. C. for correcting the name of the plaintiff in the plaint.

(2.) The background of events to this Appeal may briefly be stated. The appellant Bal Niketan Nursery School is a recognised institution under the U. P. Basic Education Act, 1972, and is run and managed by a Society, "Smt. Chandramukhi Ram Saran Shiksha Samiti", registered under the Societies Registration Act. Dr. Om Prakash is the Manager of the appellant school and also the Secretary of the registered Society mentioned above. On 10-3-1977 the Society purchased a plot of land adjoining the school together with four superstructures (Khaprails) standing thereon in the name of the appellant school through its Manager Om Prakash Gupta. The superstructures were in the occupation of four tenants. The entire rental income derived from the tenants is being utilised for the purpose of running the school. Under the U. P. (Urban Buildings Regulation of Letting Rent and Eviction) Act, 1972 (for short the Rent Act) the provisions of the Act would not apply to a property owned by a recognised educational institution if the whole of the income from the property is utilised for the purposes of the institution. Section 2(l)(b) which provides for the exemption is in the following terms:

(3.) As the appellant was in dire need of additional area for the growing needs of the school and as the property acquired by the school attracted the 'Exemption Clause' in the Rent Act, the Manager of the school issued notices of termination of tenancy to the tenants on 30-5-1977 under S. 106, T. P. Act, and demanded surrender of possession. As the tenants failed to surrender possession, the appellant filed separate suits against the four tenants for ejectment and payment of arrears of rent. The suits were filed in the name of the appellant school through its Manager Dr. Om Prakash. The Cause Title of the plaintiff in the plaint was given as under:-