TILAK CHAND @ TILAK RAM Vs. MOKSHDHAM TRUST

JUDGEMENT

(1.) BY means of this Writ Petition, moved under Article 226 read with Article 227 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned judgment and order dated 24.08.2006 passed by learned District Judge, haridwar in S.C.C. Revision No. 6/2006 and judgment and order dated 10.4.2006 passed by learned Civil Judge, (J.D.)/Judge S.C.C., Haridwar in Small Cause Suit No. 7/1999.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) BRIEF facts of the case as narrated in the writ petition are that on 15.3.1999 the responents filed a Small Cause Suit No. 7/1999 on 15.3.1999 in respect of building owned by Swami Anand Swaroop Brahmachari, alleging that a trust is created by him on 28.01.1993. The respondents/plaintiffs further alleged in the suit that vide gift deed dated 05.02.1993 Swami Anand Swaroop Brahmachari transferred his other properties also to the Mokshdham Trust (Respondent No. 1). It was further pleaded by the respondents/plaintiffs that petitioner is tenants in the property in suit to which Provisions of U.P. Urban Building (Regulation of Letting Rent and eviction) Act 1972 are not applicable as the same is a Public Religious property belonging to the trust. The respondents/plaintiffs have alleged in the suit that the tenancy of the petitioner (defendant) was terminated by serving a notice dated 14.09.1998 under Section 106 of Transfer of Property Act, 1882. By said notice rent for a period of 15.03.1996 to 15.10.1998 and mesne profits for the period of 16.10.1998 to 15.03.1999 were claimed from the petitioner.