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2004 Supreme(All) 407

JANARDAN SAHAI
GOVIND BHAWAN KARYALAYA – Appellant
Versus
CHHEDI LAL DINESH KUMAR – Respondent


Advocates Appeared:
MURLIDHAR, P.K.GANGULY, R.P.SINGH, RAMA GOEL, Ramendra Asthana, Tarun Varma,

JANARDAN SAHAI, J.

Govind Bhawan Karyalaya, the applicant in this revision filed a suit against the respondent Chhedi Lal Dinesh Kumar for eviction and for the recovery of arrears of rent and damages after determining their tenancy by a notice dated 7/11-10-1999. The plaintiff is a society registered under the West Bengal Societies Registration Act, 1961. Its case is that Gita Press is its unit and the defendant/respondent was a tenant of two shops in Gita Press Bhawan. The plaintiff claimed exemption from the U. P. Urban Buildings Regulation of Letting Rent and Eviction Act, 1972 under Section 2 (1) (bb) thereof on the ground that it is a public charitable institution. The Judge Small Causes, Gorakhpur dismissed the suit on 30-5-2003 giving rise to this revision.

2. The Judge Small Causes held that in order to claim exemption under Clause (bb) of sub-section (1) of Section 2 it was necessary for the plaintiff to get an exemption from the State Government under Rule 3 of the Rules framed under the Act, which the plaintiff did not obtain. The Court then proceeded to consider whether the plaintiff could get exemption under Section 2 (1) (f) of Act No. 13 of 1972. On facts it was found





















































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