Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 23.7.1986 passed by the Judge Small Causes Court decreeing the suit for recovery of arrears of rent, ejectment and damages filed by Agra University, Agra, respondent No. 3 against the petitioner and the order of the revisional authority dated 26.8.1997 affirming the said order in revision.
(2.) Briefly stated, the facts are that the petitioner is a tenant of the premises owned by Agra University, Agra, respondent No. 3. Respondent No. 3 filed Suit No. 1220 of 1982 against the petitioner for recovery of arrears of rent, ejectment and damages, on the allegation that he was tenant on monthly rent of Rs. 1.87 paise. He failed to pay the rent since 1.4.1968. A notice demanding arrears of rent and terminating his tenancy was sent to him on 11.10.1982. The defendant-petitioner failed to comply with the notice. It was further stated that the building in question belongs to the University and, as such, is exempted from the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (In short the Act). The petitioner contested the suit. He denied that any rent was due against him. The Judge. Small Causes Court found that the petitioner failed to pay rent since 1981 and decreed the suit for arrears of rent, ejectment and damages. The petitioner filed revision against this order. Respondent No. 1 dismissed the revision on 26.8.1997.
(3.) The sole argument raised in this petition is that the building in question was not exempted under Section 2 (b) of the Act and, therefore, the suit could not be decreed for ejectment. It is contended that the suit was filed in the year 1982 and the exemption to the property of the recognised Educational Institution did not cover any building of a University as the provision then existed. In this context. Section 2 (b) prior to the enforcement of the U. P. Act No. 5 of 1995 reads as under : "2 (i) (b). Any building belonging to or vested in a recognised educational institution, the whole of the income from which is utilised for the purpose of such institution." Section 3 (q) prior to its amendment by U. P. Act No. 17 of 1985 reads as under : "(3) (q). "recognised educational institution" means any institution recognised under the Intermediate Education Act, 1921 or the Uttar Pradesh Basic Education Act, 1972 or recognised or affiliated under the Uttar Pradesh State Universities Act, 1973." This provision was amended with effect from 5.1.1985 by U. P. Act No. 17 of 1985 and the words 'any University established by law in India, or' were added.;