K.M.Dayal, J. - (1.) HEARD the learned counsel for the parties. The present petition arises out of a suit for ejectment filed before the court of Small Causes alleging the defendant to be a tenant. The plaintiff respondent is named Janki Prasad Anglo Sanskrit Educational Association, Khurja. Annexure T to the counter affidavit is the plaint. Paragraph 1 mentions that Janki Prasad Anglo Sanskrit Educational Association was a registered body, which was running an educational institution known as J. A. S. Inter College, Khurja. In paragraph 2 it was mentioned that it was a recognised institution and owned several properties including the disputed one. In paragraph no. 3 it was mentioned that the plaintiff was the owner and landlord of the property in dispute. The suit was filed on the basis that the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) were not applicable. The plaintiff had terminated the tenancy of the defendant by giving a notice under section 106 of the Transfer of Property Act and was entitled to a decree. The written statement is Annexure '2' to the counter affidavit. It was pleaded that the suit was not maintainable and the notice was invalid. The plaintiff had earlier instituted proceedings under section 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 which were pending. The defendant was not liable to ejectment. He had not caused any substantial change nor damaged the building nor created any nuisance.
(2.) THE suit has been decreed by the courts below on, a finding that the plaintiff was covered by section 21 (1) ( f) of the Act and the disputed premises were consequently exempt from the operation of the Act. THE trial court held that the plaintiff was a registered society of which the whole income was to be spent for the recognised institution. Consequently it was exempted under section 2 (1) ( f ) of the Act aforesaid. It did not decide the other questions covered by issues nos. 1 to 7 and decreed the suit. The revisional court also confirmed the decree holding that the plaintiff was covered by section 2 (1) ( f ) read with section 3 (q) of the Act and consequently it was entitled to a decree without complying with the provisions of the Act. Ave heard the learned counsel for the parties at some length. From the title of the suit it is clear that the property is owned by Janki Prasad Anglo Sanskrit Educational Association, Khurja. From paragraphs 1, 2 and 3 of the plaint it is apparent that the plaintiff claims the property as belonging to it. In paragraph 1 it has been further mentioned that the plaintiff which was a registered society was running an educational institution known as J. A. S. Inter College, Khurja. From these Averments it is evident that the plaintiff is Janki Prasad Anglo Sanskrit Educational Association. The finding of fact recorded by the courts below is that it is a society registered under the Societies Registration Act. That finding may be accepted.
(3.) THE learned counsel for the petitioner argued that if it was society registered under the Societies Registration Act it could have been covered by clause (f) of sub-section (1) of Section 2 of the Act. THE aforesaid clause runs as under :- "any building built and held by a society registered under the Societies Registration Act, 1860 (Act No. LXIII of 1860) or by a cooperative society, company or firm, and intended solely for its own occupation or for the occupation of any of its officers or servants, whether on rent or free of rent, or as a guest house, by whatever name called, for the occupation of persons having dealings with it in the ordinary course of business". From the aforesaid clause it is apparent that the building to be exempted from the operation of the Act must be built and held by the Society and should be intended solely for its own occupation. The only exception is in respect of the officers and servants of the Society either on payment of rent or free of rent or as a guest house for the occupation of the persons having dealings with it in ordinary course of business.;