RUBAB BEGUM Vs. HAZARATH IMAM HUSSAIN WAKF

JUDGEMENT

(1.) The first respondent in all the three appeals filed the suit in O. S. No. 1309 of 1990 on the file of the I Assistant Judge, City Civil Court, Chennai, for eviction of the defendant by name Mrs. Shazaidi Begam, who was the sole defendant at the time of filing of the suit.

(2.) The case of the first respondent/plaintiff was that the plaintiff is a Public Religious Muslim Wakf registered with the Tamil Nadu Wakf Board. and Chotta Naksha Charities, another Public Religious Muslim Wakf, is the owner of the landed property, comprised in Old S. No. 912 and Re. S. No. 1284/2 and the land was given on lease to the plaintiff-Trust. Thereafter, the plaintiff-Wakf permitted the defendant by name Mrs. Shazaidi Begum, to remain in a portion of the suit premises and the suit property bears Door No. 18, situate at Mirza Gulam Hussain Ali Khan Street, Royapttai and the said defendant was permitted to occupy two rooms, one hall, one Verandah, Kitchen etc. , and she was residing there as a lessee. Later on, the license was cancelled by the plaintiff by proceedings dated 19.9.1989, directing the defendant to vacate and handover possession and as the defendant refused to vacate and handover possession, the suit was filed for recovery of possession of the property.

(3.) The defendant filed the statement disputing the character of the plaintiff and contended that the plaintiff is not a Wakf as per the Mohammedan Law and she in possession of the property for more than 55 years and the building assessment stands in her name and she was not inducted into possession by the plaintiff either as a tenant or as a licensee. The defendant also sent a reply to the notice sent by the plaintiff on 19.9.1990 and that was also suppressed and the suit was not properly valued and as the building is not exempted from the provisions of Tamil Nadu Buildings (Lease and Rent) Control Act 1960, the suit filed by the plaintiff is not maintainable.