YASHPAL GOSWAMI Vs. SHIVKUMARI

JUDGEMENT

(1.) The present writ petition under Article 227 of the Constitution of India arises out of proceedings initiated as Khafifa Suit No. 11 of 2011, instituted before the Judge Small Cause Court and Civil Judge (Junior Division), Haridwar, by the Respondents seeking eviction, arrears of rent and damages in respect of premises situated at Khilandi Bai Dharamshala, Bada Bazar, Haridwar.

(2.) The original defendant, Yashpal Goswami, was admittedly in occupation of the suit premises as a tenant. During the pendency of proceedings, he expired and is now represented through his legal heir, the present Petitioner.

(3.) The case of the Respondents before the Trial Court was that the suit property belongs to Khilandi Bai Dharamshala, which, according to them, is a public charitable and religious trust. On that basis, it was pleaded that the provisions of the U.P. Act No. 13 of 1972 are not applicable to the suit property.