Sudhir Agarwal, J.;—

1. Heard Sri Krishna Ji Khare, learned counsel appearing for the petitioner and Sri Rahul Sripat for respondent No. 3.

2. The facts of the case in brief are that respondent No. 3-landlord filed a Suit No. 23 of 1997 for eviction of petitioner-tenant from the premises in dispute, claiming it a religious and charitable Institution and, therefore, by virtue of Section 21(1)(bb) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short "Act 1972") the said Act is not maintainable. The Trial Court recorded a finding on this issue against the plaintiff-landlord and held that it is applicable and dismissed the suit. The Revisional Court however has reversed the findings of Trial Court and decreed the suit after framing its own issues.

3. Sri Krishna Ji Khare submitted that only on account of the reference to the statement of DW-1, Sri Radhey Shyam Kushwaha (the petitioner) that there is a 'Statue' of Sri Ram Krishna Param Hans Devji in respondent No. 3-Ashram where he used to visit for his 'Darshan', the Revisional Court has held that respondent No. 3-landlord is an 'Ashram' and a 'public religious trust'. It has no

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