IMPORTANT POINTS
(1) Inmates in old age home are licensees and are expected to maintain a minimum level of discipline and good behaviour and not to cause disturbance to fellow inmates who are also senior citizens.
(2) If one parent is cause of disruption of peace of other inmates in old age home, administration of old age home is at liberty to terminate license and ask inmate to vacate room allotted to them.

JUDGMENT

Hemant Gupta, J.

The challenge in the present appeal is to an order passed by the High Court of Judicature at Allahabad dated 01.10.2021 whereby the revision petition filed by the plaintiffs-respondents was allowed and interim injunction was restored, as was granted by the learned Trial Court.

2. The Municipal Corporation, Lucknow has constructed an old age home named Samarpan at Adil Nagar, Ring Road, Lucknow. In terms of the advertisement published on 05.12.2004, the appellant was granted lease for running such old age home initially for 15 years from 01.09.2005, but with a condition of renewal for a further period of 15 years. One of the conditions in the lease was that an Advisory Board shall be constituted by the lessee i.e., the appellant. The appellant framed rules and regulations for grant of services at the old age home. Such rules and regulations contemplated that the cooperation fund deposited by the inmates shall be used for accommodation, food, bed and other essential services of living and general treatment but expensive medical treatment and expenditure was to be borne by the inmates themselves. It also provided that if any rules of the complex are violated by any inmate, the Administration has got full right to expel him and dismiss his membership by issuing him one month period's notice. The relevant clause reads thus:

"21. If the Rules of the Complex are violated by any inmate person, the Administration has got full right to expel him and dismiss his membership by issuing him one month period's advance notice. The Management reserves its right to do so."

3. It was on 23.04.2016, the plaintiffs-respondents filled up an admission form to stay in the old age home giving the details about his four children, one son and three daughters. Two of the daughters stay at Lucknow and one son and one daughter are staying in Faizabad. The plaintiffs had also executed affidavits to comply with the rules and regulations as mentioned above.

4. There is a dispute as to whether the plaintiff no. 2 is a psychiatric patient and misbehaves with the other inmates and staff, but without going into that fact, the question required to be answered is that what is the right of the inhabitant of an old age home to stay in such old age home.

5. It is stated that in terms of the conditions of the lease, the Committee held its meeting on 26.10.2019. In the said meeting, the stand of the plaintiffs was that if the administration has received any complaint against them, then they may be pardoned and they ensured that no such complaint would be received in the future. It was pointed that in difficult time of old age, the approach of the appellant should be compassionate with due generosity. It was decided by the Committee to allow one month's more time to the plaintiffs so as to observe their behaviour. If no reforms were visible then, they would be told to leave the premises in terms of Rule 21.

6. Since no behavioral change was visible, the appellant cancelled the membership of the plaintiffs on 22.11.2019. It is thereafter, the plaintiffs filed a suit for injunction before the Civil Court, accompanied by an application for ad-interim injunction. On such application for interim injunction, the trial Court passed an order on 17.12.2019 that the plaintiffs should not be dispossessed during the pendency of the suit. However, in appeal, such order was vacated by the Court of Additional District Judge, Lucknow, on 20.10.2020. In further revision preferred by the plaintiffs, the order was set aside.

7. The plaintiffs have filed a counter affidavit before this Court, inter alia demanding an inquiry into the financial irregularities, embezzlement, internal mis-management of old age home and their miseries, extortion and torture. It is the stand of the plaintiffs-respondents that they acted as a whistle blower to highlight the financial misappropriations, misdeeds and inhumane attitude. The complaint was made regarding quality of food, facilities