CHAMPA KUNWAR TRUST Vs. DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) THESE five connected writ petitions are directed against the judgment of the District Judge, Rampur filed by five different parties and as they can be decided by a common judgment, they are being taken up together.

(2.) CHAMPA Kunwar Trust is a public charitable trust created by one Srimati Champa Kunwar under a trust deed dated 1-2-1948. It owns a Dharamshala building including several shops constructed in the same premises situated in Bazar Safdarganj, Rampur. The Trust filed an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, briefly stated as 'the Act', for eviction of the following tenants occupying different shops belonging to the Trust:

(3.) THE application was contested by all the tenants by means of separate written statements. They pleaded that neither the need of the Trust was bona fide nor was the building required to be reconstructed after demolition. They claimed that the Trust was a purely religious Trust having been created only for Dharamshala purposes. The object of the Trust would be completely frustrated if the Dharamshala building was demolished and reconstructed for the purposes mentioned in the application. Each one of them claimed that his need for the shop in his possession was greater than that of the landlord.