PANCHAM SINGH Vs. IIIRD ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is tenants' writ petition arising out of proceedings of release under Section 21(1)(b) of U.P. Act No. 13 of 1972 initiated by landlord respondent No. 3, Pandit Rama Shanker Misra Trust, Rawat Bara, Agra against petitioners No. 1 and 2 (both the petitioners have died and have been substituted by their legal representatives). Release application was registered as P.A Case No. 77 of 1977. Building in dispute is situate at 104-A Mahatma Gandhi Road, Agra Cantt and rent of which is Rs. 15 and paisa 63. Accommodation in dispute consists of four big rooms, one store, two Verandahs and open peace of land. Total area of the land was initially about 28500 square meters however according to learned counsel for the tenant petitioner, about 7000 square meters of land was surrendered in January 1977. Still the total area in possession of the tenant is about 21000 square meters. The area of the land covered by constructed portion is only about 300 square meters. In the release application, it was pleaded that building was more than 15o years old and after demolishing it landlord Trust intended it to construct the colonies for defence people and an English Medium School. It was further pleaded that the trust was a public charitable trust.

(2.) One of the defences taken by the tenant was that suit was not maintainable as all the trustees had not filed the same. On behalf of the respondent No. 3, a resolution passed by all the trustees was filed in which it was mentioned that Manager was authorized to file the suit. Release application was filed by the Manager Shiv Shanker Misra. I have held in Trust S.L.N. Dev v. A.D.J 2003(2) ARC 730 that even one or some of the trustees are entitled to file suit for eviction of tenant.

(3.) In respect of dilapidated condition of the building, Engineer's report was filed by the trust to the effect that building was in a dilapidated condition. A contrary report was filed on behalf of the tenant.