R.H. Zaidi, J. - (1.) HEARD learned counsel for the petitioner. By means of this writ petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 17.12.1999 whereby the suit filed by the respondent No. 3 was decreed by the trial Court and the order dated 6.9.2000 whereby the revision filed by the petitioner against the judgment and decree passed by the trial court was dismissed by the revisional court.
(2.) IT appears that the suit for ejectment and recovery of arrears of rent was filed by respondent No. 3 after serving a notice under Section 106 of Transfer of Property Act. Notice is alleged to have been served on 13.4.94. The contesting respondent contested the suit claiming that he was entitled to benefit of sub -section (4) of Section 20 of the Act and he was, therefore, legally not liable to be ejected from the building in question. Before the trial court, the parties produced evidence in support of their cases. Ultimately the suit filed by the respondent No. 3 was decreed by judgment and decree dated 17.12.1999. The revision filed against the said judgment and decree was dismissed by order dated 6.8.2000. Hence the present writ petition. Learned counsel for the petitioner vehemently argued that the judgments and decrees passed by the courts below are illegal and liable to be set aside. On the other hand the learned counsel appearing for the contesting respondent supported the validity of the order impugned in the present petition. It was urged that the revision was rightly dismissed by the court below, after recording the finding that the provisions of the Act have got no application to the building in question as the same was owned by a charitable trust.
(3.) I have considered the submissions made by the learned counsel for the parties.;