ISHWARLAL AND ANOTHER Vs. THE MADRASA TAIYABIA COMMITTEE

JUDGEMENT

(1.) The following order of the Court was delivered by G.P. Singh, C.J.:- By this petition under Art. 26 of the Constitution, the petitioners challenge the notification dated 20/21 Sept., 1973 (Annexure-V) issued by the State Government under Sec. 3(3) of the Madhya Pradesh Accommodation Control Act, 1961.

(2.) The petitioners are tenants in Mussini Building No. 19/22 (new). The petitioners paying rent to the Madras, Taiyabai Committee (respondent No. 1). By the impugned notification the said building alongwith with five other buildings have been exempted from the operation of the provisions of the Act. The impugned notification reads as follows:-

(3.) A reading of the notification goes to show that it proceeds upon the basis that respondent No. 1 is an educational institution and that the whole of the income derived from the buildings mentioned in the notification is utilised for the purpose of the Trust to run the institution. It is also stated in the notification that in pursuance of the terms of the deed of trust no fees is charged from the students nor any financial aid from any other source is accepted to run the institution and the rent derived is the only source income of the said Trust which is inadequate for meeting the expenses.