V.P.KUNHIMOOSA Vs. HASSAN KOYA K.

JUDGEMENT

(1.) The revision petitioners are defendants 3 and 4 in O.S.No.62/2019 before the Waqf Tribunal, Kozhikode. They are the main contestants in the suit. The 1st defendant died during pendency of the suit and defendants 2 and 5 did not contest the suit at all. The 6th defendant-Waqf Board supported the plaintiffs/ respondents 1 and 2 herein. The reference to parties herein below will be according to their ranks in the suit, unless the context otherwise indicates.

(2.) The suit was filed by plaintiffs/respondents 1 and 2, who are the President and Secretary of 'Indisharool Islam Committee', a Waqf registered with 6th defendant-Waqf Board. Plaintiffs seek to evict defendants 1 to 5 alleging them to be tenants, from plaint schedule property with realization of arrears of rent as well as damages. It is contended by the plaintiffs that plaint schedule property with building was let out to one Bavootty Hajee, the C.R.P.(Waqf)No.60/2019 predecessor-in-interest of defendants 1 to 5, on monthly rent, since 01.08.1973. After his death, the tenancy devolved upon them. When they failed to pay the enhanced monthly rent of Rs.6,000/- and kept the rent in arrears since January,2013, the tenancy arrangement with them was terminated through Ext.A1 lawyer notice, dated 17.02.2014 with effect from 01.04.2014. Since they refused to vacate the premises, plaintiffs filed the suit for eviction claiming arrears of monthly rent at the rate of Rs.6,000/- and also damages for use and occupation of the premises at the rate of Rs.15,000/- per month.

(3.) The suit was decreed by the Waqf Tribunal ordering eviction of defendants 2 to 5 from the plaint schedule room and they were directed to pay damages for use and occupation at the rate of Rs.10,000/-. An amount of Rs.2,88,000/- deposited by revision petitioners during the pendency of suit was ordered to be adjusted against arrears of rent as well as damages for use and occupation. It is this impugned order of the learned Waqf Tribunal which is under challenge in this revision.