R DHANARAJ Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order of the 1st respondent/Tamil Nadu Wakf Board, Chennai-4 in its proceedings Proc.Rc.No.11795/2001/Ch/E4, dated 14.01.2003, wherein the 1st respondent has directed the petitioner to remove the encroachment and deliver vacant possession of the land involved in the writ petition.

(2.) According to the learned counsel for the petitioner, the petitioner is a tenant having a leasehold rights in the land involved in the writ petition and originally in the year 1947 a piece of vacant land, measuring an extent of 2400sq.ft bearing No.51, Mandaveli Lane, Mylapore, Chennai-600 004 has been taken on lease by one P.Sambanda Mudaliyar and the lease has been for a period of ten years as per the document No.993 of 1947, dated 07.08.1947 and the lessor, a Muslim Community Trust viz., Shia Trust managed by the 3rd respondent and his predecessors and later P.Sambanda Mudaliyar subleased the the land to the petitioner's father K.S.Rajagopal Chettiar for a period of nine years by means of a registered document dated 30.11.1948 and pursuant to the sublease, the petitioner's father has applied to the Corporation, Madras for sanction plan out of own funds put up constructions in accordance with planning permission and after constructions, he has been living there with his family till his demise of 06.08.1985 and also inducted many sub tenants and the 3rd respondent /Trust after the expiry of the original lessee's term, renewed the lease periodically in the name of petitioner's father etc., and after the death of K.S.Rajagopal Chettiar, there has been a family understanding and all the legal heirs have consented for executing a fresh lease deed on 29.01.1988 and the same has been registered as document No.218 of 1988 at the office of Sub-Registrar, Mylapore, Chennai-4.

(3.) It is the stand of the petitioner that the said fresh lease deed is for 75 years that expires in the year 2062 and also that the 3rd respondent/Trust has executed a Declaration Deed that the petitioner is having leasehold rights in respect of the land involved in this writ petition and the buildings/superstructure put up thereon absolutely belonging to him etc.