SUKHDEO Vs. VTH ADDL. DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution arising out of proceedings for release under Sec. 21 of the U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, hereinafter referred to as the Act.

(2.) The premises in dispute consists of one room bearing No. 31 in the building called Jag dish Ashram Kharkhari, Harid-war which belongs to a trust named Jagdish Ashram Trust situate in Haridwar. The petitioners alleged themselves to be the tenants and respondent is the trust. The prescribed authority rejected the release application by an order dated 14th Dec. 1976. Aggrieved respondent No. 3 filed a revision under Sec. 22 of the Act:. This appeal was allowed by the Vth Addl. District Judge by his judgment dated 5th Oct. 1977. The petitioner has challenged the judgment dated 5th Oct. 1977 by means of the present petition.

(3.) Learned counsel for the petitioner has raised two submissions before me. His first submission is that the view taken by the revisional court that the fourth proviso to Sec. 21 of the Act would not apply to a case where the need is for a public charitable trust for the objects of the trust is manifestly erroneous. His second submission is that after holding that the fourth proviso was not applicable the revisional court should not have gone into the question as to whether the petitioners are the tenants of the property in dispute as also the question of comparative hardship. This finding is, in fact, based on wholly irrelevant considerations and has been dealt with in a most cursory manner.