H ABDUL RASHEED Vs. MADRASA E ARABIA

JUDGEMENT

(1.) THE respondent was the plaintiff and Appellant was the defendant in the trial Court. For the sake of convenience, the parties are referred to as per their rank in the trial Court.

(2.) THE plaintiff is a Wakf institution. It has filed the suit for recovery of possession of the suit schedule property from the defendant. The plaintiff alleged that the defendant is a chronic defaulter in payment on rents. It is claimed that the suit property is required by the plaintiff for its own use. The tenancy of the defendant claims to have been terminated by issuing legal notice dated 1-12-1995. Plaintiff claimed damages at the rate of Rs. 3,000/- per month from 1-4-1996 until the defendant deliver vacant possession of the suit premises.

(3.) THE defendant filed written statement resisting the suit and denying the plaint averments. It is stated that there is no valid termination of the tenancy. Defendant denied that he is liable to pay damages and sought for dismissal of the suit.