BASIC SHIKSHA PARISHAD THROUGH ZILA BASIC SHIKSHA ADHIKARI Vs. PRESCRIBED AUTHORITY/ADDL. CITY MAGISTRATE (IIIRD)

JUDGEMENT

(1.) Heard Sri K. Shahi, learned counsel for the petitioner and Sri Manish Tandon, learned counsel for the respondents. The dispute relates to residential accommodation i.e. House No. 105/91 situated at Siddh Nath Jajmau, Kanpur Nagar (hereinafter referred to as "disputed premises") which is in tenancy of petitioner. The petitioner has stated in para 6 of the writ petition that he is regularly paying rent to respondent No. 3 since 01.01.1963 and therefore, respondent No. 3 answers the description of term "landlord" as defined under Section 2(j) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as "Act, 1972").

(2.) The landlord filed a suit for enhancement of rent under Section 21(8) of Act, 1972 claiming itself to be a "private trust". The Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as "RCEO") vide order dated 7th February, 2000 rejected the said application holding that no evidence has been placed to show that it is a "private trust". A "public trust", religious or charitable, is exempted under Section 2(1)(bb) of Act, 1972 hence the provision of the Act, 1972 are not applicable to the disputed premises.

(3.) An appeal was preferred which has been allowed by IXth Additional District Judge, Kanpur Nagar vide order dated 28th August, 2001, impugned in this writ petition, holding application maintainable and determining rent to Rs. 4,365/-per month w.e.f. October, 1998.