The court upheld the trial court's finding that the landlord was a charitable trust exempt from eviction laws, affirming that previous judgments establishing legal character are relevant.

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri Sanjeev Singh, learned Senior Advocate assisted by Sri Priyansh, learned counsel for the petitioner and perused the records.

2. By means of this petition filed under Article 227 of the Constitution, petitioner, who is a tenant of the premises in question belonging to the 1st respondent has questioned the judgment and order passed by the Judge, Small Cases dated 5th February, 2018 in Small Cause Suit No.- 24 of 1997 decreeing the suit and the order dated 18th May, 2024 passed by the Additional District Judge, Court No.- 21, Agra rejecting the revision being SCC Revision No.- 09 of 2018.

3. The main plank of argument advanced by learned Senior Advocate for assailing the order impugned before this Court that in view of the order of remand passed by this Court dated 30th April, 2014 in Writ - A No.- 63451 of 2006, the Court was mandated to decide the issue; as to whether the person claiming to be landlord was a public charitable trust so as to seek exemption from application of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No.- 13 of 1972) vide Section 2(1) (bb), however, the trial court while deciding the issue and holding that plaintiff is a charitable trust and so entitled to seek exemption taking benefit of Section 2(1) (bb) of the U.P. Act No.- 13 of 1972 has failed to make any reference to Section 3(r) and 3(s) of the U.P. Act No.- 13 of 1972.

4. Yet another argument advanced by learned Senior Advocate is to the effect that while holding the trust to be a charitable trust the judgment that has been relied upon passed in some earlier suit instituted under Section 92 of the Code of Civil Procedure and in some earlier rent proceedings were not inter-party and, therefore, should not been been taken to be having a binding effect in the present case instituted for eviction of the tenant.

5. One more argument has been advanced that the Court while holding the trust to be a charitable trust at one place has also referred it to be religious trust but there is no such supportive reasoning assigned as such to hold it to be a religious trust within the meaning of Section 3(s) of the U.P. Act No.- 13 of 1972.

6. It is further submitted by learned Senior Advocate that the court sitting in revision has also manifestly erred in affirming the judgment and the order passed by the trial court.

7. Learned Senior Advocate has placed reliance upon two authorities of this Court as well as of Supreme Court Radhey Shyam Kushwaha v. Appar District Judge, Court No.- 9, Varanasi and others, 2012(3) A.R.C. 823 : Law Finder Doc Id # 396425, Suresh Chandra and another v. Sanatan Dharm Satsang Bhawan Adhyatmic Vidyalaya, 2012(3) A.C.R. 251 : Law Finder Doc Id # 408770.

8. Having heard learned Senior Advocate appearing for the petitioner and having perused the record and the judgments impugned in this petition, the only question that arises for consideration of the Court is as to, whether the judgments impugned are not sustainable for a mere non reference to the relevant provision of U.P. Act No.- 13 of 1972 while returning findings to the effect that plaintiff was a charitable trust and secondly also as to whether the findings returned in respect of the plaintiff to be a charitable trust, perverse.

9. In order to appreciate the findings, the Court finds it necessary to refer to the definition clause as provided for under Section 3(r) & 3(s) of the U.P. Act No.- 13 of 1972. The relevant provisions are reproduced hereunder:

"3(r) 'charitable institution' means any establishment, undertaking organization or association formed for a charitable purpose and includes a specific endowment;

Explanation. - For the purposes of this clause, the words ‘charitable purpose’ includes relief of poverty, education, medical relief and advancement of any other object of utility or welfare to the general public or any section thereof, not being an object of an exclusive religious nature;

3(s) 'religious institution