LACHMAN DEO Vs. DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) This writ petition is directed against the judgment of respondent No. 1, whereby the revision was allowed and the suit filed by the plaintiff respondent No. 3, has been decreed.

(2.) Briefly stated the facts are that the plaintiff, Sri Gandhi Ashram, a registered society, filed Suit No. 11 of 1996, in the Court of Judge Small Causes for recovery of arrears of rent, ejectment and damages against the petitioner with the allegations that the plaintiff is a public charitable institution and the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, -(in short 'the Act') were not applicable. The petitioner was a tenant of the premises in dispute at Rs. 24.50 per month. A notice dated 16.4.1996 was sent terminating his tenancy but inspite of service of notice, he has not vacated the disputed premises. The petitioner contested the suit and denied that the plaintiff is a public charitable institution and his tenancy was wrongly terminated. The Judge Small Causes Court found that the plaintiff is a public charitable institution but the petitioner cannot be evicted as he had deposited the entire arrears of the rent during the pendency of the case and was entitled to the protection of Section 114 of the Transfer of Property Act. The plaintiff-respondent filed revision against this order. Respondent No. 1 has allowed the revision by the impugned order dated 18.2.2000 taking the view that the suit was not filed on the basis of forfeiture of the lease and as such the provision of Section 114 of the Transfer of Property Act was inapplicable.

(3.) The main thrust of the submission of the learned counsel for the petitioner is that the plaintiff is not a public charitable institution and therefore it is not exempt from the operation of U. P. Act, No. XIII of 1972. Section 2 (1) (bb) provides that the Act shall not apply to any building belonging to or vested in a public charitable or public religious institution. Section 3 (r) defines charitable institution as under : 0"charitable institution" means any establishment, undertaking organisation or association formed for a charitable purpose and includes a specific endowment ; Explanation.--For the purposes of this clause, the words "charitable purpose" includes relief of poverty, education, medical relief and advancement of any other object of utility or welfare to the general public or any section thereof, not being an object of an exclusively religious nature."