JUDGMENT :

1. This bunch of petitions under Article 227 of the Constitution of India involve common questions of fact and law and, therefore, all these petitions are being decided by a common judgment. For the purpose of judgment, Matter under Article 227 of the Constitution of India No.6926 of 2023 (Mahendra Singh v. Committee of Management Rastriya Sabha Khair & others) is being treated as a leading case.

2. As per pleadings contained in the petition and the material annexed thereto, the petitioner was a tenant in the shop bearing No.36 forming part of a building belonging to Khair Kanya Mahavidyalaya Khair, District Aligarh. A suit bearing S.C.C. Suit No.38 of 2014 (Committee of Management Rastriya Sabha Khair & others v. Mahendra Singh) claiming a decree for eviction was filed by the Committee of Management, Rastriya Sabha Khair, Aligarh with the description that it is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as ‘the Act, 1860’) through its Manager/Secretary Dr. Vishal Sharma; by Vishal Sharma himself as a person in the capacity of Manager/Secretary of Rastriya Sabha Khair and also by Committee of Management, Khair Kanya Mahavidyalaya, Khair, Aligarh respectively as plaintiff Nos.1, 2 and 3.

3. The aforesaid suit was filed with the averments that the property in dispute belongs to an educational institution which is recognised under the provisions of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as ‘the Act, 1973’) and the said Institution is run by a Society registered under the Act, 1860. It was alleged that the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as ‘the U.P. Act No.13 of 1972’) were not applicable to the shop in dispute and since the Institution felt a great need of space to construct its building, the shop in dispute alongwith various shops (forming subject matter of litigation in the connected petitions) was required. It was further alleged that tenancy of the petitioner was determined by serving a registered notice dated 13.06.2014 but since the shop was not vacated, suit for ejectment claiming decree of eviction was filed.

4. The petitioner filed written statement and admitted the landlord-tenant relationship in between the petitioner and the Society but denied the said relationship in relation to Khair Kanya Mahavidyalaya, Khair, Aligarh. The written statement was amended during the course of proceedings and it was alleged that the plaintiff-Committee/Society was not registered under the Act, 1860; the office bearership of the persons described in the plaint was not approved by the University; no rent was due on the date of issuance of notice; the notice was invalid and that the suit having been filed by unauthorized persons was liable to the dismissed.

5. The parties led evidence in support of their respective cases and I find from the record that apart from other documents, the plaintiffs filed Scheme of Administration of the Institution, list of office bearers approved by the University pertaining to year 2014-2015; certain letters issued by the authorities in this regard; the Bye-laws and also Certificate of renewal of registration of the Society. In oral evidence, Vishal Sharma appeared as PW-1 in the capacity of Manager/Secretary of the Committee of Management of the Society and was cross-examined on behalf of the defendant-petitioner.

6. After analysing the case of the parties, the Judge Small Causes Court, by impugned judgment and decree dated 06.09.2022, decreed the suit and directed the defendant-petitioner to vacate the shop in dispute within a period of two months. The defendant-petitioner assailed the aforesaid decree by filing a revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as ‘the Act, 1887’), however, the challenge has been turned down by the District Judge, Aligarh by dismi