S.U.Khan, J. - (1.) Heard learned Counsel for the parties. Respondent No. 3 in each writ petition i.e. M/s. Vimal Sadan Society, Kanpur is the landlord. Petitioner in both the writ petitions is tenant of the accommodation in dispute. Landlord filed suit for eviction against original tenant Niranjan Sharma (who died during pendency of the suit and was substituted by the petitioner) in the form of SCC Suit No. 383 of 1991. Recovery of arrears of rent was also sought. The main case of the plaintiff was that it was trustee of the property in dispute, the original owner landlord Dr. B. Dass had transferred the premises in dispute to it for the use and benefit of Mariampur Higher Secondary School, Kanpur run by the plaintiff-society hence provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 were not applicable. The transfer was made on 2.5.1989. Petitioner is tenant since before the said date at the rate of Rs. 200/- per month. Petitioner filed written statement asserting that the Act was applicable. Entire arrears of rent were also deposited on the first date of hearing for claiming the benefit of Section 20(4) of the Act. Trial Court/Additional Judge Small Causes Court, Kanpur Nagar held that from the documents filed by the plaintiff it was proved that Convent School being run by the plaintiff is affiliated with Central Board of Secondary Education, New Delhi and registered transfer/ trust deed was also proved. Accordingly, the trial Court held that provisions of the Act were not applicable. Suit was accordingly decreed only on this ground through judgment and decree dated 17.4.1995. Against the said judgments and decree petitioner filed SCC Revision No. 100 of 1995. Revision was dismissed on 4.5.2002 by Additional District Judge, Court No. 8, Kanpur Nagar giving rise to the first writ petition.
(2.) After the suit was decreed tenant filed restoration application alleging that the decree was ex-parte as tenants were not properly heard. Said application was rejected by IInd JSCC, Kanpur Nagar on 23.1.1996 restoration application had been registered as Misc. Case No. 43/74 of 1995.
(3.) Against order dated 23.1.1996 two revisions were filed being SCC revision No. 25 of 1996 and SCC revision No. 27 of 1996 both were rejected by Additional District Judge, Court No. 8, Kanpur Nagar on 4.5.2002 giving rise to the second writ petition.;