MUNISH CHANDRA Vs. ADDL DISTRICT JUDGE BIJNOR

JUDGEMENT

(1.) PRAKASH Krishna, J. This is tenant's writ petition for quashing the decree of eviction passed against him in respect of a shop which belongs to the Madho Prasad Charitable Trust, respondent No. 3 herein.

(2.) J. S. C. C Suit No. 18 of 1995 was instituted by Madho Prasad Charitable Trust through Shri Kailash Chandra Mittal, Head Trustee and Kailash Chandra Mittal, respondents No. 3 & 4 herein, against the present petitioner, on the pleas inter alia that plaintiff Madho Prasad Charitable Trust being a public Charitable and religious trust, has got temples, Dharamsala situate at Station Road, Chandpur District Bijnor. The said trust is running a public library in a small room and the disputed shop is needed to widen the entrance gate of Mandir which is presently 4 1/2 ft. towards north of the Mandir. It claimed that recently number of Deities of Bhagwan Ram Chandra Ji', 'lakshmmi Ji'. 'sitaji'. 'radhaji'. 'krishan Ji', 'hanuman Ji', and Ganesh Ji', which were brought from Jaipur, have been installed and the plaintiff proposes to construct two other temples of "shri Santoshi Mata" and "mata Durgaji". The exemption from the operation of the provision of U. P Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called as Act No. 13 of 1972) was claimed on the basis of Section 2 (bb) on the ground that the building in question is a public charitable and religious institution. It was further pleaded that the tenancy of the petitioner has been terminated by a registered notice dated 6-3-1995 which has been served by refusal. The said notice was given on his correct address but the tenant refused to vacate the disputed accommodation.

(3.) THE parties led evidence in support of their respective cases. THE suit was decreed by the trial Court by its judgment and decree dated 22-1-2002. THE said decree has been confirmed in S. C. C Revision No. 7 of 2002 by the Court below. THEse two judgments and decrees are under challenge in the present writ petition.