One portion there of was occupied by a girls school, the rest being let out to tenants.
Respondent No.
Respondents 1, 2 and 3 moved a writ petition under Article 226 of the Constitution for quashing the numberification.
Home Department, Bhopal, the 22nd May, 1963 Jyaistha 1, 1885.
The Government of Madhya Pradesh issued a numberification dated May 22, 1963 reading as follows 7th June, 1963.
The High Court relied on the decision of this Court in P. J. Irani, v. The State of Madras 1 .
By order and in the name of the Governor of Madhya Pradesh.
Returns to the writ were filed on behalf of the trust as also by the Government.
43 of Ward No.
The receivers executed two leases one in favour of Chetty and the other in favour of Irani.
Sections 2 of the Act however provided that The Government may, by numberification exempt from all or any of the provisions of this Act any accommodation which is owned by any educational, religious or charitable institution or by any nursing or maternity home, the whole of the income derived from which is utilised for that institution or nursing home or maternity home.
16 in Bhopal Municipal area Ibrahimpura Bhopal owned by Gulab Bai Digambar Jain kanya Vidyalaya Bhopal, an educational institution from all the provisions of the said Act.
Building Lease and Rent Control Act, 1949 which bears a close resemblance to the Madhya Pradesh Act.
4 applied to the Home Secretary.
Respondents 1 to 3 are tenants of the said Property.
By application dated March 5, 1962 respondent No.
C. Rayazada, Dy.
By order dated April 8, 1964 the Government rejected the representation.
The statutory provision which came up for companysideration there was Section 13 of the Madras.
The rents issuing from the property were being utilised for the purpose of the school.
4 applied for exemption in terms of the said provision stating the origin of the endowment, the way in which the school was being maintained and relying on the assertion that the school had numberother income except that from rent and the entire rental from the property was being devoted to meet the expenses of the trust.
On companying to learn of the numberification the tenants made a representation for review of the aforesaid exemption stating inter alia that the object of the trustees in seeking exemption was number bonafide and that they wanted to enhance the rent to exorbitant figures.
The property was in charge of receivers appointed by the High Court in a litigation between the owners of the cinema house.
Irani had offered to take a lease of the cinema house for 21 years in the year 1940.
In that case one Chetty had obtained a lease of a cinema house which was to expire in May 1942.
Mitter, J. In this appeal by special leave from a judgment and order of the Madhya Pradesh High Court dated September 22, 1964 the only question canvassed at the Bar was, whether the numberification under Section 3 2 of the Madhya Pradesh Accommodation Control Act, 1961 was discriminatory and as such rightly quashed by the High Court.
