Judgement

NATARAJAN, J. :- The question falling for consideration in this appeal by special leave is whether the High Court has erred in law in quashing the order of eviction passed against the respondent by the Judge, Small Cause Court as confirmed by the Additional District Judge and remitting the suit to the trial Court for fresh consideration in the event of the trial Court allowing an application by the appellant under O. 1, R. 10, Civil P. C. for correcting the name of the plaintiff in the plaint.

2. The background of events to this Appeal may briefly be stated. The appellant Bal Niketan Nursery School is a recognised institution under the U. P. Basic Education Act, 1972, and is run and managed by a Society, "Smt. Chandramukhi Ram Saran Shiksha Samiti", registered under the Societies Registration Act. Dr. Om Prakash is the Manager of the appellant school and also the Secretary of the registered Society mentioned above. On 10-3-1977 the Society purchased a plot of land adjoining the school together with four superstructures (Khaprails) standing thereon in the name of the appellant school through its Manager Om Prakash Gupta. The superstructures were in the occupation of four tenants. The entire rental income derived from the tenants is being utilised for the purpose of running the school. Under the U. P. (Urban Buildings Regulation of Letting Rent and Eviction) Act, 1972 (for short the Rent Act) the provisions of the Act would not apply to a property owned by a recognised educational institution if the whole of the income from the property is utilised for the purposes of the institution. Section 2(l)(b) which provides for the exemption is in the following terms :

"Nothing in this Act shall apply to any building belonging to or vested in a recognised institution, the whole of the income from which is utilised for the purpose of such institution."

3. As the appellant was in dire need of additional area for the growing needs of the school and as the property acquired by the school attracted the Exemption Clause in the Rent Act, the Manager of the school issued notices of termination of tenancy to the tenants on 30-5-1977 under S. 106, T. P. Act, and demanded surrender of possession. As the tenants failed to surrender possession, the appellant filed separate suits against the four tenants for ejectment and payment of arrears of rent. The suits were filed in the name of the appellant school through its Manager Dr. Om Prakash. The Cause Title of the plaintiff in the plaint was given as under :-

"Bal Niketan Nursery School, Near Ganj Gurhatti, Moradabad through Dr. Om Prakash, Manager of the School."

All the four tenants including the respondent herein raised only two defences in the suit, namely, that the appellant school is not a recognised educational institution so as to be entitled to the benefit of S. 2(l)(b), Rent Act, and secondly, that the notice of termination of tenancy was not a valid notice because it had not been issued by an institution having juristic status.

4. The Small Cause Court consolidated all the four suits and held a joint trial and rejected both the contentions of the tenants and decreed the suits in favour of the school. The tenants preferred revisions against the judgment to the District Judge and the learned Judge confirmed the judgment and decree of the Small Cause Court and dismissed all the revisions.

5. Thereafter the tenants filed writ petitions under Art. 226/227 of the Constitution before the High Court of Allahabad. Before the High Court it was contended for the first time that the appellant school was not a juristic person and was not, therefore, entitled to file the suits through its Manager, and as such the judgments of the Small Cause Court and the District Judge were ineffective and the decrees unenforceable. The counter argument of the school was that as a recognised institution under the U. P. Basic Education Act, 1972 it has juristic status and furthermore it is the registered owner of