- (1.) Both the aforesaid writ petitions involve similar controversy as to whether the petitioner No. 1 is a public charitable trust and is, therefore, exempted from the operation of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The petitioners filed two different suits against the opposite parties of both the writ petitions claiming that the petitioner No. 1 is a public charitable trust and is, therefore, exempted from the purview of the Act. Both the aforesaid suits were dismissed by two separate judgments and orders dated 313.1999 on the ground that the petitioner No. 1 is not a public charitable trust and the provisions of the Act No. 13 of 1972 are applicable to the building in question. On the aforesaid finding, it was concluded that the petitioners were not entitled to a decree for ejectment on the ground that the petitioners could not institute a suit for ejectment against the opposite parties as they were not in arrears of rent. Feeling aggrieved by the dismissal of their suits, the petitioners preferred revision under section 25 of Provincial Small Causes Court Act before the District Judge, Lucknow. The Revisional Court also upheld the finding of the Trial Court that the petitioner No. 1 is not a public charitable trust and with the aforesaid finding, the revisions were also dismissed. Thereafter the petitioners preferred a review petition which was also dismissed on 2.8.2003.
(2.) I have heard Sri Deepak Seth, learned Counsel for the petitioners and Sri Farhat Husain who appeared on the behalf of the contesting opposite parties.
(3.) Learned Counsel for the petitioners has submitted that both the Courts below have recorded a concurrent finding that the petitioner No. 1 is not a public charitable trust and this finding is based on misconception of law as well as mis-reading of evidence. He submits that in a trust which has been created for the benefit of general public, it is not necessary that in the management of the trust, some independent person not belonging to the family of the creator of the trust, should be made at least one of the trustees. He has also drawn the attention of the Court towards the trust-deed which is on record and in the beginning of the trust-deed itself, the objects of the trust have been indicated. The first object is to contribute towards medical relief by opening, aiding and maintaining, Allopathic, Ayurvedic, Unani and Homeopathic Hospitals, Dispensaries and institutions to promote and aid education in general, including that relating to Engineering and other technical studies. Another object of the trust is to establish and aid charitable institutions such as Dharamshalas, Gowshalas, Maternity Homes, Chief Welfare Centres, Poor Houses, Orphanages, Institution for the blinds and for old and infirm people, widow's Homes, Training Centres, Libraries. It is also one of the objects of the trust to uplift and promote the interest of backward classes in general.;