- (1.) This matter has come up before this Court pursuant to judgment dated 11.12.2007 passed by Apex Court whereby it has required this Court to consider an additional point with respect to effect of insertion of amending Act No. 17 of 1985 on the pending suits. The brief facts are that Banaras Hindu University (hereinafter referred to as the "BHU") is the owner of suit premises bearing No. K-43/3, Baroda House, Gai Ghat, Varanasi. Suman Bai Nirmale occupy certain accommodations on the second floor of aforesaid house on a monthly rent of Rs. 19/-. BHU sent a notice under section 106 of Transfer of Property Act, 1882 (hereinafter referred to as the "Act, 1882") by registered post terminating tenancy of Suman Bai Nirmale and call upon to vacate the tenanted premises. She was also required to pay arrears of rent. However, the tenant neither vacated premises nor pay arrears of rent. Consequently, BHU filed Original Suit No. 728 of 1978 in the Court of Small Causes, Varanasi for eviction of tenant from suit premises and also for recovery of a sum of Rs. 453.56.
(2.) The tenant contested the matter and claimed that she is in possession since 1942 and paying rent regularly. She also claimed to have deposited rent under section 20(4) of U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") and, therefore, pleaded that a decree for eviction cannot be passed.
(3.) The Trial Court vide judgment dated 19.7.1983 held that University has not served a valid notice under section 106 of Act, 1882, hence suit for ejectment of tenant cannot be decreed but decreed it for arrears of rent. However, the Trial Court also held that since BHU is an educational institution established by Government of India, and it is owned and controlled by Government, it is a Public Sector Corporation within the definition of section 3(p) of Act, 1972.;