TELANGANA STATE WAKF BOARD Vs. MOHAMED MUZAFAR

JUDGEMENT

(1.) The appellant No.1 is the Andhra Pradesh State Wakf Board, while the appellant No.2 is the Mutawalli of the registered Wakf institution which is known as Graveyard Mir Rahmat Ali Shah. The said Wakf institution is stated to have been registered under Muntakhab bearing No. 998 dated 24.02.1953 and later entered in the book of endowment showing an extent of 666 sq. yards. The Muntakhab was amended by the Wakf Board in its resolution dated 21.04.1988 to the extent of correcting the land of the Wakf institution as 998.66 sq. yards and the same was published in the gazette notification dated 29.12.1988. The wakf institution/graveyard is situated near Tek Masjid, Nampally, Hyderabad.

(2.) The father of appellant No. 2, Late Mir Dawood Ali was the Mutawalli appointed by the Wakf Board, whose name is recorded in the gazette referred to above. The appellant averred that during the lifetime of the father of appellant No.2, the father of the respondent, namely, Late M.A Qayyum had obtained on rent the premises bearing Municipal No. 5-7-420/2 measuring 90.16 sq. yards belonging to the Wakf institution. The father of the respondent was running a firewood stall which he later converted into a hotel and has been running the hotel business in the name and style "Hotel Najran".

(3.) The case of the appellant was that the father of the respondent was paying rent in respect of the property and was being enhanced from time to time. The respondent, after he became a major continued the tenancy of his father in respect of the said premises and the monthly rent at the time of filing the suit was Rs. 1,500/- excluding electrical and water charges. The respondent is stated to have suceeded to the tenancy in the year 1995 and the rent was being paid to the Wakf Board since the institution at that point was under direct management of the Board in view of the death of the original Mutawalli i.e., the father of appellant No.2. Subsequent thereto the appellant No.2, as the successor was appointed as the Mutawalli in place of his father vide the proceedings dated 04.07.2005 which was published in the gazette on 04.08.2005. The appellant No. 2 intimated this fact to all the tenants of the property belonging to the Wakf institution through a letter dated 14.11.2005, whereafter the rent was being paid to him directly. In respect of the premises in the occupation of respondent the rent was not being paid regularly, which accumulated to Rs. 24,500/-. Despite repeated requests the respondent had not paid the arrears from the month of November 2005 for a period of 7 months which amounted to Rs. 10,500/-. The respondent therefore was due to pay the total amount which was due and unpaid.