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AJIT KUMAR
B. Martyr – Appellant
Versus
Thakur Madan Mohanji Maharaj Trust – Respondent
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 an
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.
A tenant cannot deny the landlord's title once the landlord-tenant relationship is established; the tenant must prove lawful deposit of owed rent, and properties used for charitable purposes are exem....
The court affirmed that findings of legal character regarding institutions must adhere to established court rulings and cannot be ignored in summary proceedings.
The court affirmed that the society is a public charitable institution exempt from the U.P. Urban Buildings Act, and upheld the Secretary's authority to litigate on behalf of the society.
The court ruled that the trust in question was a private trust, rejecting claims of it being a public charitable trust, and upheld the applicability of the U.P. Urban Buildings Act.
The burden of proof lies with the petitioners to establish the non-applicability of the Uttar Pradesh Act No.13 of 1972, and estoppel does not apply against statutory provisions.
Inconsistent findings holding rent control Act applicable and tenancy not validly terminated preclude eviction decree outside statutory framework; such jurisdictional errors warrant Article 227 super....
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