- (1.) THESE five connected writ petitions are directed against the judgment of the District Judge, Rampur filed by five different parties and as they can be decided by a common judgment, they are being taken up together.
(2.) CHAMPA Kunwar Trust is a public charitable trust created by one Srimati Champa Kunwar under a trust deed dated 1-2-1948. It owns a Dharamshala building including several shops constructed in the same premises situated in Bazar Safdarganj, Rampur. The Trust filed an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, briefly stated as 'the Act', for eviction of the following tenants occupying different shops belonging to the Trust: (i) Dr. Murari Lal Gupta (ii) Chiranji Lal (iii) Bannu Lal Chatwala (iv) Jagannath (v) Satya Prakash and Atma Prakash (vi) Shabban Hotelwala. Amongst these tenants Satya Prakash and Atma Prakash were occupying the biggest shop having six doors on a rent of Rs. 75.00 per month. The application was filed by the Trust on the ground that the objects of the trust were to provide residential facilities to travellers and pilgrims, medical facilities to the general public, educational facilities and to spread and propagate educational and cultural activities among general public. For the aforesaid purposes of the Trust and fulfilment of its objects the Trust wanted to construct the entire dharamshala building, including the shops, afresh with the funds raised from the public. But as its tenants mentioned above were not willing to vacate the premises, the Trust had to file the application for obtaining orders of ejectment against them.
(3.) THE application was contested by all the tenants by means of separate written statements. They pleaded that neither the need of the Trust was bona fide nor was the building required to be reconstructed after demolition. They claimed that the Trust was a purely religious Trust having been created only for Dharamshala purposes. The object of the Trust would be completely frustrated if the Dharamshala building was demolished and reconstructed for the purposes mentioned in the application. Each one of them claimed that his need for the shop in his possession was greater than that of the landlord.;