Anjani Kumar, J. - (1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner-landlord has challenged the order dated 25th August, 1986, passed by the revisional court, whereby the revisional court dismissed the revision filed by the petitioner against the order of the trial court. The trial court vide his order dated 4th January, 1985 has decreed the suit against the petitioner-plaintiff.
(2.) In short, the case of the petitioner-plaintiff is that the petitioner is a society registered under the provision of Societies Registration Act, I860, which runs an educational institution Anupam Bal Vikas Vidyalaya, Sambhal, district Moradabad, which is recognized institution by District Basic Education Officer, Mordabad since 27th November, 1982, the defendant of the suit is tenant in the aforesaid building in question, which was originally owned by Smt. Asharfi Devi. Smt. Asharfi Devi vide registered gift deed dated 20th June, 1981 donated the building in question to the plaintiff society and thereafter the petitioner-society became the owner-landlord of the aforesaid building in question in which the defendant in tenant. Before the execution of the gift deed, Smt. Ashrafi Devi had already filed a suit for ejectment of the defendant-tenant, which was pending in the Court of Judge Small Cause Courts being O.S. No. of 1979 Smt. Asharfi Devi v. Mahesh Kumar Nigam. After the gift was executed, the present plaintiff got himself substituted and has become the owner and landlord of the building in question by virtue of gift deed dated 20th June. 1981. The plaint case now set up is that the provisions of U. P. Act No. XIII of 1972 will have no application with regard to the building in question from the date of gift deed dated 20th June, 1981. It is further alleged that plaintiff has served a notice under Section 106 of the Transfer of Property Act, through its counsel dated 6th December, 1982 terminating the tenancy of the defendant-tenant.
(3.) After service of notice upon the tenant, the defendant-tenant had sent Money Order for the rent, wherein the said Money Order was towards the arrears of rent demanded by the notice, which was refused by the landlord, as would be clear from the report of the Post Office dated 14th December, 1982. As a consequence of the refusal of the rent sent by the tenant, the defendant-tenant started depositing the rent in Misc. Case No. 4 of 1983 under Section 30 (2) of the U. P. Act No. XIII of 1972. In the aforesaid Misc. Case No. 4 of 1983, the defendant-tenant has denied the title of the plaintiff, but the same will have no effect as he has already admitted the ownership of Smt. Ashrafi Devi in suit No. 1 of 1979.;