( 1 ) THIS is landlords 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