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2015 Supreme(All) 3696

MANOJ KUMAR GUPTA
Anil Kumar – Appellant
Versus
Jamuna Prasad Shri Ram Inter College – Respondent


Advocates Appeared:
For the Petitioner: Rahul Sahai
For the Respondent: Tosh Kumar Sharma

JUDGMENT

Manoj Kumar Gupta, J.

The petitioners, in both the petitions are tenant of different premises belonging to the respondent. The respondent is a recognised educational institution as defined under section 3(q) of the U.P Act no.13 of 1972 (in short 'the Act'). The respondent initiated the proceeding for eviction of the petitioners by filing two separate suits before the Judge Small Causes Court being SCC suit nos. 25 and 26 of the year 2005. In both the suits, the arrears of rent was claimed and ejectment was sought on the ground that the tenancy of the petitioners had been determined by means of notice under section 106 of the Transfer of Property Act, 1882, but the petitioners failed to vacate. It was pleaded by the respondent-landlord that since the demised premises belong to a recognised educational institution and therefore, the provisions of the Act would not apply in view of section 2(1)(b). The suits were contested by the petitioners by filing written statement and ultimately, by separate judgement dated 5.5.2012 in the above referred suits, the claim of the plaintiff-respondent was accepted and the suits were decreed for recovery of arrears of rent and for ejectment.









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