AMAR SINGH Vs. KSHETRIYA SHRI GANDHI ASHRAM

JUDGEMENT

(1.) Proceedings for vacation of the premises , filed before the Judge Small Causes Court, has been decreed and a revision under Sec. 25 of the Act, against it, has been dismissed.Thus aggrieved, this petition has been filed under Art. 227 of the Constitution of India.

(2.) Learned counsel submits that the provisions of U.P. Act No. 13 of 1972 was applicable as there was no evidence to show that the building belong to or was vested in the Kshetriya Shri Gandhi Ashram and, therefore, the provisions of the Act of 1972 were applicable. It is also contended that all the tenants have not been issued notice under Sec. 106 of the Act and have also not been impleaded as party. Lastly, it is contended that there was no need of landlord for the premises in question, and, therefore, the application could not have been allowed and the proceedings were also not initiated by person having valid authorisation.

(3.) Learned counsel for the respondent, on the other hand, submits that materials and evidence were produced before the courts below to prove that the premises belong to and vested in the Ashram . It is contended that the landlord was will within its right to determine the tenancy by issuing notice under Sec. 106 of the Act, and once it has been done, no interference is required. It is also submitted that the proceedings for eviction were initiated at the instance of the Secretary of the Ashram and, therefore, proceedings were validly instituted.