Allahabad High Court
Sri Rajendra Kumar Son Of Sri Bharat Lal vs Sanatan Dharam Intermediate College ... on 18 September, 2007
Equivalent citations: 2008(1)AWC378
JUDGMENT S.U. Khan, J.
1. Heard learned Counsel for the petitioner.
This writ petition arises out of a suit for eviction filed by the landlord against the tenant-petitioner. In the plaint, plaintiff was described as "Sanatan Dharam Inter college, Sadar Meerut Cantt. through Secretary Manager Sri Krishna Gopal son of Indra Kumar". The suit was registered as S.C.C. Suit No. 36 of 2003 Property in dispute consists of three rooms (or one room having three khans/portions), rent of which is Rs. 30/- per month. In the plaint it was stated that as the house in dispute belongs to a recognized educational Institution, hence U.P. Act No. 13 of 1972 is not applicable thereupon. It was also stated that the tenancy was terminated through notice dated 26.12.2002. Notice was sent through ordinary post under postal certificate and through registered post. Notice sent through registered post was returned by the postman with the endorsement dated 3.1.2003 to the effect that defendant did not meet him. However, meanwhile rent sent by the tenant was accepted by the landlord, hence another notice terminating his tenancy was sent on 8.3.2003 under certificate of posting as well as by registered post which was again returned by the postman with the endorsement dated 17.3.2003 to the effect that defendant did not meet him. The J.S.C.C. Held that U.P. Act No. 13 of 1972 was not applicable to the building in dispute and tenancy stood terminated. Ultimately the suit for eviction was decreed by the J.S.C.C. Meerut on 10.04.2006. Pendentelite and future rent/damages for use and occupation were also decreed from 1.3.2003 till actual vacation.
2. Against the said judgment and decree S.C.C. Revision No. 46 of 2006 was filed which was dismissed by A.D.J. Court No. 11, Meerut on 21.8.2007, hence this writ petition.
Learned counsel for the petitioner has argued two points. The first point is that if registered notice returned with the endorsement 'not met' then it can not be presumed to have been served. The Supreme Court in Madan & Co. v. Wazir Jaivir Chand has held that in such situation notice is deemed to have been served.
3. The other point argued is that under Section 2(1 )(b) of the Act building belonging to a recognized educational institution is exempt from the operation of the Act, however, in the instant case the building belongs to a Society which runs the College and hence the exception is not attracted and the matter is covered by Clause (f) of Section 2(1), which deals with buildings held by a Society.
4. It is correct that the building belongs to the Society which runs the Educational Institution. However, Clause (b) of Section 2 (1) applies to such buildings ("any building belonging to or vested in a recognised educational institution"). Section 2(1)(f) will apply only when the Society is not running an educational Institution. Clause (0 of Section 2(1) of the Act is quoted below:
(f) any building built and held by a society registered under the Societies Registration Act, 1860 (Act No. XXI of 1860) or by a cooperative society, company or firm and intended solely for its own occupation or the occupation of any of its officers or servants, whether on rent or free of rent, or as a guest house, by whatever name called, for the occupation of persons having dealing with it in the ordinary course of business;
5. In the instant case there is no dispute that the Society which runs the plaintiff College has got no other activity. The authority reported in Shafique Ahmad v. A.D.J. 2003 (1) A.R.C. 273 cited by learned Counsel for the petitioner relates to a society not running any educational institution.
6. Learned Counsel for the petitioner has cited two more authorities : one is Reported in Basheshar Nath v. Delhi Improvement Trust and the other is reported in Balgovind Rastogi v. Bhargava School Book Depot AIR 1958 Alld. 369. The first authority has been cited to contend that when a notice to quit has been given then subsequent notice to quit is of no effect and it does not amount to waiver of the first notice. Even if this argument is accepted the first notice sent through registered post will be sufficient for terminating the tenancy. The second authority deals with service of notice. However, this point is squarely covered by 1989 Supreme Court Authority (supra).
7. One more authority has been cited by the learned Counsel for the petitioner reported in 2003 (2) A.R.C. 273. The said authority also does not support the case of the petitioner.
Accordingly there is no merit in the writ petition. It is dismissed.
8. However, tenant-petitioner is granted six months time to vacate provided that:
1. Within six weeks from today he file an undertaking before the J.S.C.C. to the effect that on or before the expiry of aforesaid period of six months he will willingly vacate and handover possession of the premises in dispute to the landlord respondent.
2. For this period of six months, which has been granted to the tenant to vacate, he is required to pay Rs. 3000/- (at the rate of Rs. 500/- per month) as damages for use and occupation. This amount shall also be deposited within six weeks before the J.S.C.C. and shall immediately be paid to the landlord respondent.
9. In case of default in compliance of any of these conditions tenant-petitioner shall be evicted through process of Court after six weeks.
It is further directed that in case undertaking is not filed or Rs. 3000/- is not deposited by the petitioner within six weeks then tenant-petitioner shall be liable to pay damages at the rate of Rs. 1000/- per month since after six weeks till the date of actual vacation.
10. Similarly, if after filing the aforesaid undertaking and depositing amount of Rs. 3000/- the premises in dispute is not vacated on the expiry of six months then damages for use and occupation shall be payable at the rate of Rs. 1000/- per month since after six months till actual vacation.