S.N.Srivastave, J. - (1.) All these writ petitions arise out of proceedings initiated on Applications moved under Section 163 of the U.P. Tenancy Act by Aligarh Muslim University for recovery of certain land revenue and for ejectment of Defendants on the ground that the plaintiff is Zamindar of the land in dispute and Defendants are occupancy tenants/Hereditary Tenants at the rate of Rs.23-60/- per year rent. As the Defendants have not paid the rent which was due from 30.9.1989 and further refused to pay any land revenue to Aligarh Mulsim University, they are liable for ejectment.
(2.) An objection to the said application was filed by contesting Respondents challenging the right of Aligarh Muslim University for instituting such Application under Section 163 of the U.P. Tenancy Act. It was specifically denied that Aligarh Muslim University has any right or title in the land in dispute. Zamindari right or right of partition of land in dispute was also denied. It was further averred in the objection that the land in dispute Zamindari was abolished on 1.7.1952. Thereafter, land in dispute came within the municipal limits of Nagar Maha Palika in 1949. Defendants acquired Bhumidhar rights of the land in dispute. Application under Section 163 of the U.P. Tenancy Act was not maintainable. In Paragraph-6 of the Replication filed by the Aligarh Muslim University, petitioner specifically pleaded that Aligarh Muslim University is an Institute of public utility and was established for public purposes. As University is a Central Educational Institution, it is exempted under the notification dated 1st July, 1952 issued by the State Government under the U.P. Zamindari Abolition and Land Reforms Act.
(3.) The Tehsildar, Kole, District Aligarh by an order dated 4th August, 2003 held that U.P. Tenancy Act is not applicable to the land in dispute and petitioner has no right to institute such Application. An Appeal preferred by the Aligarh Muslim University was also dismissed by an order dated 24.2.1994. A Revision preferred under Section 263 of the U.P. Tenancy Act was also dismissed.;