MANOHAR LAL Vs. ANJUMAN ISLAMIA REGISTERED WAKF SANSTHA

JUDGEMENT

(1.) This second appeal preferred by the defendant / appellant herein was admitted for hearing on 25-4-2013 on the following substantial question of law:

(2.) The plaintiff / respondent herein filed suit for ejectment of the suit accommodation stating inter alia that the plaintiff has given the suit accommodation to the defendant / appellant herein on rent at the rate of 100/- per month which was according to the ? English calendar month. It was further pleaded that the suit house was bestowed on the respondent / plaintiff by grant dated 21-9-1961 given by Masoombi, wife of Mastana Mian. Thereafter, the monthly rent was enhanced to 150/- per month. ? The defendant stopped payment of rent from September, 1999 and notices dated 25-9-1999 and 2-7-2000 were served and the suit house was directed to be vacated for the need of the plaintiff Wakf and vacant possession was also directed to be given back to the plaintiff, but it was not handed-over, as such, tenancy was terminated and suit was filed for decree of eviction, ejectment and arrears of rent.

(3.) Resisting the suit, the defendant filed written statement stating inter alia that that the suit property is the Wakf property and jurisdiction of civil court is barred and as such, the plaintiff is not entitled for decree for ejectment.