- (1.) This is a revision by the 'Plaintiff, which is a society registered under the Societies Registration Act of 1968. The suit was filed for ejectment of the Defendant-tenant and for arrears of rent. It was decreed for arrears of rent, but was dismissed as to ejectment. The decree passed by the trial court has been upheld in revision.
(2.) The suit for ejectment of the Defendant failed on the view that the conditions requisite for ejecting the tenant required by the Rent Act, 1972 were not fulfilled. The Plaintiff had sought to avail this advantage by asserting that the premises in dispute belonged to an educational institution whose income was applied for the purpose of that institution, and so such were exempt from the purview of the Act in view of Section 2 sub Clause (b) thereof. This contention, as has been seen failed, as the Plaintiff's suit for ejectment was dismissed.
(3.) Counsel for the Applicant urged that the entire income from the shop in dispute was utilised for the educational college, and as such the premises were covered by the exemption granted by Section 2(b) of the Rent Act, 1972 (hereinafter referred to as the Act). Section 2(1)(b) is to the following effect: 2. Exemptions from operation of Act: (1) Nothing in this Act shall apply to- (b) any building belonging to or vested in a recognised educational institution, the whole of the income from which is utilised for the purposes of such institution.;