DESH RAJ Vs. IXTH ADDL DISTRICT JUDGE ALIGARH

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned orders dated 8-7-1989 and 28-4-1992, Annexures 7 and 8 to the writ petition.

(2.) I have heard the learned counsel for the petitioner and find no merit in this peti tion. The petitioner claims to be the tenant of Aligarh Muslim University. Under Sec tion 2 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 any building owned by a recog nised education institution will not come under the purview of the Act. In my opinion, Aligarh Muslim University is a recognised educational institution. Hence, a tenant of a building belonging to the University has no protection under the Rent Control Act. The building owned by the University is a public premises as defined in Public Premises (Eviction of Unauthorised Occupants) Act, 1971 vide Section 2 (2) of the Act. Hence, the proceeding under the Act is perfectly valid. A tenant of such building can be evicted after giving notice under Section 106 of the Transfer of Property Act. The University alleged that the notice was served on the petitioner and the finding of the appellate authority is that the notice was validly served on the petitioner. Hence there is no infirmity in the impugned order. The petition is dismissed.