A.B.SRIVASTAVA, J. - (1.) LEARNED counsel for the petitioners has been heard.
(2.) THE petitioners have sought quashing of an order dated 22-4-1991 of the Additional J. S. C. C. Aligarh confirmed by an order dated 11-11-1993 of the Additional District Judge Aligarh whereby they dismissed the petitioner's suit for ejectment of the respondent Nos. 3 and 4 from the premises in their tenancy. The suit for ejectment was filed by serving a notice under Section 106 of the T. P. Act on the ground that in view of Section 2(i)(f) of Act 13 of 1972, the building in question held by the defendant-respondents was exempted from the aperation of the said Act. This plea was negatived by the courts below who in obsence of any of the grounds for ejectment under Section 20 (2) of the said Act dismissed the suit.
(3.) THE contention of the petitioners is that the respondent's occupation of the premises in question as tenant, amounts to the building being held by them (a society registered under the Societies Registration Act 1860) within the meaning of Section 2 (l)(f) of the said Act. This contention is however, not tenable. What Section 2 (1) (f) envisages to be exempt from the operation of the Act, is a building built or held by a Society in its own rights and not as a tenant. The courts below did not commit any manifest error of law or error of jurisdiction in dismissing the plaintiff's suit. The writ petition has no force and it is accordingly dismissed. Petition dismissed.;