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HIGH COURT OF UTTARAKHAND
GOPALKRISHNA JHA – Appellant
Versus
SHRI 108 PUJYAPAD ADVET PANCH PARMESHWAR PANCHAYATI AKHARA – Respondent
| Table of Content |
|---|
| 1. decision of connected writ petitions on common legal issues. (Para 1 , 2 , 5) |
| 2. challenge to specific decrees in separate scc suits. (Para 3 , 4 , 6) |
| 3. dispute on the exemption status under the u.p. rent control act. (Para 8 , 9 , 12 , 14) |
| 4. arguments on legal character and jurisdiction errors. (Para 16 , 18 , 20) |
| 5. legal standing of the respondent as a charitable institution. (Para 27 , 31) |
| 6. supervisory jurisdiction of the high court over lower court findings. (Para 35 , 36) |
| 7. reversal of lower court's findings on legal grounds. (Para 38 , 39) |
JUDGMENT :
Ashish Naithani, J.
1. These two writ petitions, arising out of connected Small Cause Court proceedings between the same parties and involving substantially identical questions of law and fact, are being decided together. Both petitions challenge the judgments and decrees passed by the trial court in separate SCC suits relating to the Petitioners’ tenancy over small shop premises at Kankhal, Haridwar, as well as the dismissal of the corresponding revisions by the learned II Additional District Judge, Haridwar, by orders dated 01.09.2023.
2. Since the core issue in both matters concerns the applicability of Section
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 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.
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....
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 jurisdiction to adjudicate eviction cases for authorized tenants remains valid under the Rent Act even with the enactment of benefitting laws for landlords.
A suit under Section 92 C.P.C. must be filed in the Principal Civil Court of original jurisdiction, not in a Civil Judge's Court, and the absence of a trust-deed does not prevent admission.
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....
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