S.U.KHAN, J. - (1.) IN this writ petition by tenant following two points are involved :- 1. Whether landlord-respondent No. 3 which is a charitable trust can seek release of the tenanted accommodation in dispute in view of clause (i) of third proviso to Section 21 of U.P. Act No. 13 of 1972. 2. Whether residential house can be released for running/extending school in view of clause (ii) of the aforesaid proviso.
(2.) THIRD proviso to Section 21 of U.P. Act No. 13 of 1972 is quoted below : "Provided also that no application under clause (a) shall be entertained : (i) for the purposes of a charitable trust, the objects of which provide for discrimination in respect of its beneficiaries on the ground of religion, caste, or place of birth; (ii) In the case of any residential building for occupation for business purposes;" This writ petition arises out of eviction/release proceedings under Section 21(1)(a) of U.P. Act No. 1972 initiated by landlord respondent No. 3, Seth Chajja Singh Jhandu Singh Charitable Trust, Meerut through its Secretary against tenant petitioner in the form of P.A. case No. 166 of 1979 on the file of prescribed authority/City Munsif Meerut.
(3.) PREMISES in dispute is a house in which tenant-petitioner is resident. It is adjacent to the premises in dispute where landlord-respondent No. 3 is running a school. In the release application, it was pleaded that in order to extend the school, premises in dispute was required. Release application was allowed on 30-5-1981 against which tenant-petitioner filed Misc. Appeal No. 82 of 1981. XII Additional District Judge, Meerut through judgement and order dated 8-9-1987 dismissed the appeal, hence, this writ petition.;