HUSSAIN SAB Vs. RAHIM KHAN

JUDGEMENT

(1.) This revision petition arises out of an order passed on I.A IV dated 228-1984 by the Small Causes Judge, Bangalore City, in H.R.C. No. 2784/81 on an application filed by the respondent under Or. 1 Rule 10 sub-rule (2) read with Section 151 C.P.C. for the purpose of the leave of the Court to implead the Karnataka Board of Wakfs, Bangalore, represented by its Secretary as well as the Managing Committee of Jamia Masjid, Bangalore, represented by its Secretary as the proposed respondents. The said interlocutory application was filed when an eviction proceeding against the applicant was pending before the Court.

(2.) The relevant facts are, briefly, as follows : The petitioner in H.R.C.2784/81 sued the respondent for eviction under Section 21(1)(h)of the Karnataka Rent Control Act in respect of the petition schedule premises. After the respondent filed the objection, the case was posted for evidence and subsequently evidence on behalf of both the parties was adduced before the Court. Thereafter this application in I.A-VI was filed by the respondent. In the affidavit filed in support of this application, the respondent strongly relied upon the provisions of Section 57 of the Wakf Act, 1954, contending that the said provision contemplates that in every suit or proceeding relating to a title to the wakf property or the right of a Mutawalli, the court shall issue a notice to the Board and that, in the instant case, the petition schedule property is a wakf property which is managed by the 1st proposed respondent through the 2nd proposed respondent and, as such, both the proposed respondents are proper and necessary parties to the above proceedings.

(3.) It may also be mentioned that, in the objection statement filed against the main petition for eviction in H R C. 2784/81, in para-4, the respondent has pleaded as follows :