S. D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of a suit filed by respondent no. 3 for eviction of the petitioners, U. P. Basic Education Board or Zila Basic Shiksha Samiti, from the premises in dispute as also for recovery of arrears of rent and damages.
(2.) ORIGINALLY the suit was decreed by Judge, Small Causes Court, Bareilly, on 17th November, 1978. Against the said decision a revision was filed before the District Judge. The 5th Additional District Judge, Bareilly by judgment, dated 1st June, 1979, dismissed the revision. The orders dated 17tn November, 1978 and 1st June, 1979 have been impugned in the present petition. Learned counsel for the petitioners has urged that the provisions of U. P. Act no. 28 of 1976 are prospective only and as such they did not apply to the pending proceedings and, therefore, his submission is that he is entitled to the benefit of the provisions of U. P. Act no. 13 of 1972 U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972. I have heard learned counsel for the parties. The petitioner no. 1 was created under the U. P. Basic Education Act, 1972. This Act came into force 'on 17th August, 1972. Section 3, sub-clause (2) of the Act makes the Board of Basic Education as a body corporate having perpetual succession and a common seal. Section 13 of the Act further provided that the Board shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of the Act. The U. P. Basic Education Board is, therefore, a corporation controlled by the State Government. Section 2, subclause (1) of the U. P. Act no. 13 of 1972 clearly provided that nothing in this Act shall apply to any public building. Public building has been defined in Section 3, sub-clause (o) of the Act. Public building means any building belonging to or taken on lease or requisition by or on behalf of the Central Government or a State Government and includes any building belonging to or taken on lease by or on behalf of any local authority or any public sector corporation. The public sector corporation has been further defined in Section 3 (p) of the Act which lays down that a public sector corporation is any corporation owned or controlled by the Government and included any company as defined in Section 3 of the Companies Act, 1965 in which not less than fifty per cent of the paid up share capital is held by the Government.
(3.) IN the instant case, as I have already observed above the U. P. Basic Education Board is a corporation controlled by the State Government. IN the circumstances it would come under the definition of a public sector corporation. If it is a public sector corporation the property leased out to it would be a public building within the meaning of Section 3 (o) of the Act and since it is public building the provisions of U. P. Act no. 13 of 1 972 will not apply to it by virtue of the provisions of Section 2 of U. P. Act no. 13 of 1972. The view, therefore, taken by the courts below that U. P. Act no. 13 of 1972 does not apply to the facts of the present case is a view in accordance with law. In Om Prakash v. District Judge, 1980 (UP) 2 RCC 134 a Division Bench of this court has taken the view that Section 2 of the Amending Act is retrospective in nature. The decision given in the above case fully applies to the present case. In the circumstances the submission made by the learned counsel for the petitioner lacks substance.;