RAM KUMAR SHARMA Vs. RUKMANI MAI DHARAMSHALA TRUST & OTHERS
LAWS(UTN)-2013-7-154
HIGH COURT OF UTTARAKHAND
Decided on July 16,2013

RAM KUMAR SHARMA Appellant
VERSUS
Rukmani Mai Dharamshala Trust And Others Respondents

JUDGEMENT

- (1.) By means of this writ petition, the petitioner has prayed to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 30.11.2011 passed by Civil Judge (S.D.), Rishikesh in SCC Suit No. 44 of 1999 and judgment and order dated 18.04.2013 passed by Judge, SCC, Rishikesh/1st Additional District Judge, Rishikesh in SCC Revision No. 8 of 2012.
(2.) Brief facts, giving rise to the petition, are that the plaintiff/trust, through their trustees, filed a suit for eviction against the petitioner Ram Kumar Sharma on the ground that the Rent Control Act is not applicable since it is a religious and charitable institution. Prior to filing of the suit, notice under Section 106 of Transfer of Property Act was served upon the tenant intimating therein that tenancy was terminated and the notice of recovery of rent was also served. The suit was contested by filing written statement by the petitioner. The learned Civil Judge (S.D.), Rishikesh framed as many as eight points for determination. The issues whether the provisions of U.P. Act No. 13 of 1972 are applicable on the property in suit and whether the plaintiff is a religious and charitable trust and for the purpose of institution of the suit is a juridical person, have been framed. Another issue No. 7 was also framed whether the tenant has defaulted in payment of rent to the plaintiff. The learned trial court has decided each and every issue in great detail and on the basis of evidence available on record, the learned Civil Judge (S.D.) has given specific finding to this effect that plaintiff is a religious and charitable institution, therefore, the Rent Control Act is not applicable to the present case. Feeling aggrieved by the order of the trial court, the petitioner preferred revision before the revisional court. The learned Judge S.C.C. vide order dated 18.04.2013 dismissed the revision and affirmed the findings of the trial court.
(3.) From the perusal of the order, it transpires that on the issue of the Rent Control Act, the finding of both the courts below are concurrent. I have heard learned counsel for the parties at length and perused the record.;


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