VASUDEVAN V.K. Vs. KERALA STATE WAKF BOARD

JUDGEMENT

(1.) Revision petitioner, who is the original petitioner before the Waqf Tribunal in O.A.No.3/2009, has filed this revision petition under Sec. 83(9) of the Waqf Act, challenging order dtd. 21/1/2011 passed by the Waqf Tribunal in the above Original Application. The respondents before the Tribunal are the respondents herein.

(2.) The revision petitioner would contend that he had been in possession of building No.1/1995 on the basis of a rental arrangement entered into between himself and one K.P.Abdurahiman as per rent deed dtd. 25/7/1982. However, on 28/2/2001, the 2nd respondent issued a notice stating that the 2nd respondent purchased the above building and future rent to be paid to the 2nd respondent. According to the petitioner, Chief Executive Officer of the waqf Board passed order dtd. 19/12/2008 holding the petitioner as an unauthorised occupant of the waqf building and thereby he was directed to be evicted.

(3.) It is urged by the learned counsel for the petitioner further that, the petitioner, who took the building on rent, cannot be held as an unauthorised occupier of the building under Sec. 54 of the Waqf Act and therefore, the order of the Chief Executive Officer of the Waqf Board dtd. 19/12/2008 is illegal. Further it is submitted that the Tribunal would have reversed said finding in an application filed under Sec. 83 of the Waqf Act upholding the contention raised by the revision petitioner.