J.C.Gupta, J. - (1.) This is landlord's petition.
(2.) The dispute relates to premises bearing No. 499/364 situate at Sahukara, Bareilly. The petitioner filed suit for ejectment alleging that initially building in question was taken on rent by respondent No. 5 for running a school under the name of respondent No. 3 for imparting basic education and by virtue of U. P. Basic Education Act of 1972 the management, supervision and control of the said school stood transferred and vested in respondent No. 4 who became the tenant of the petitioner and started paying rent at the rate of Rs. 100 per month. It was further pleaded that as the building in question was covered by the definition of 'Public Building' within the meaning of Section 3 (o) of the Act. the provisions of U. P. Act No. XIII of 1972 were not applicable and the tenancy of the defendant was terminated by a combined notice under Section 106 of the Transfer of Property Act and Section 80 of the Code of Civil Procedure dated 26.11.1980 which was served upon the respondent on 1.12.1980 and 4.12.1980.
(3.) The suit was contested by the defendants. The trial court decreed the plaintiffs suit for eviction and for recovery of Rs. 700 as rent and mesne profits only against defendant No. 2. The revision filed by U. P. Board of Basic Education has. however, been allowed by the impugned judgment dated 2.8.1982 of respondent No. I and the judgment of the trial court has been set aside and the plaintiffs suit for ejectment and for recovery of mesne profits has been dismissed solely on the ground that the notice served upon the defendants was not a valid notice inasmuch as there could not be a combined notice both under Section 106 of the Transfer of Property Act and under Section 80, C.P.C. Aggrieved by this judgment the land lord-petitioner has filed this writ petition.;