B.MARTYR Vs. THAKUR MADAN MOHANJI MAHARAJ TRUST

JUDGEMENT

(1.) Heard Sri Sanjeev Singh, learned Senior Advocate assisted by Sri Priyansh, learned counsel for the petitioner and perused the records.

(2.) By means of this petition filed under Article 227 of the Constitution, petitioner, who is a tenant of the premises in question belonging to the 1st respondent has questioned the judgment and order passed by the Judge, Small Cases dtd. 5/2/2018 in Small Cause Suit No.- 24 of 1997 decreeing the suit and the order dtd. 18/5/2024 passed by the Additional District Judge, Court No.- 21, Agra rejecting the revision being SCC Revision No.- 09 of 2018.

(3.) The main plank of argument advanced by learned Senior Advocate for assailing the order impugned before this Court that in view of the order of remand passed by this Court dtd. 30/4/2014 in Writ - A No.- 63451 of 2006, the Court was mandated to decide the issue; as to whether the person claiming to be landlord was a public charitable trust so as to seek exemption from application of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No.- 13 of 1972) vide Sec. 2(1) (bb), however, the trial court while deciding the issue and holding that plaintiff is a charitable trust and so entitled to seek exemption taking benefit of Sec. 2(1) (bb) of the U.P. Act No.- 13 of 1972 has failed to make any reference to Sec. 3(r) and 3(s) of the U.P. Act No.- 13 of 1972.