(1.) The petitioners have challenged the validity of Section 2(bb) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 ( In short the Act) which was inserted by U.P. Amending Act No. 5 of 1995
(2.) The petitioners are tenants of Shri Krishna Janam Asthan Sewa Sansthan, respondent no.2 registered under the Societies Registration Act 1860. It filed 14 suits in the year 1988 for ejectment of the petitioners after terminating their tenancy, During the pendency of the suit the Uttar Pradesh Buildings (Regulation of Letting , Rent and Eviction) Amendment) Ordinance 1994 was promulgated whereby clause (bb) was added under sub-section (iO of Section 2 of the Act. Section 2 of the Act grants exemption to certain buildings from operation of the Act. In view of insertion of clause (bb) , the buildings belonging to or vested in a public charitable or public religious institutions shall also be excluded. Respondent. No. 2 filed applications shall also be excluded. Respondent no. 2 filed application for amendment of the plaint claiming the benefit of the exemption in view of the addition of clause (bb) in Section 2 of the Act. The petitioners have challenged the validity of this provision on the ground that the provision is violative of Article 14 of the Constitution.
(3.) Clauses (bb) and (bbb) were added in clause (a) of sub-section (1) of Section 2 of the Act by the Uttar Pradesh (Regulation of Letting, Rent and Eviction) Amendment Ordinance 1994 which read as under :-