KADIRMUL ISAM DHARMA SABHA Vs. G VAIRAKANNU

JUDGEMENT

(1.) THIS order shall govern the following five Civil Revision petitions viz. CRP. Nos. 4219, 4220,4221,4222 and 4223 of 2001.

(2.) THE petitioner-wakf, filed five Wakf OPs. Before the principal Subordinate Judge, Nagapattinam in O. P. No. 4, 6,2,7 and 3 alleging that the properties mentioned in the applications belonged to the wakf. THE respondents found therein are the tenants in respect of the premises. Respondent in O. P. No. 2 of 1999 agreed to pay a monthly rent of Rs. 16. 50/- and he defaulted to pay the rent from 1. 8. 1994 to 31. 3. 1996 and thus he is liable to pay Rs. 264/-, the respondent in O. P. No. 3 of 1999 agreed to pay a monthly rent of Rs. 40/-, and defaulted to pay the rent from 1. 12. 1994 to 31. 3. 1996, thus totalling rental arrears of Rs. 2,500/ -. THE respondent in O. P. No. 4 of 1999 agreed to pay Rs. 90/- p. m. and he defaulted in payment of rent from 1. 3. 1994 to 31. 3. 1996, which is totaling to Rs. 3240/ -. THE respondent in O. P. No. 6 of 1999 agreed to pay a monthly rent of Rs. 40/- and defaulted to pay the rents from 1. 12. 1994 to 31. 3. 1996, thus totalling the arrears of rent of Rs. 640/- and the respondent in O. P. 7 of 1997, agreed to pay the rent of Rs. 16. 50/- and defaulted to pay the rent from 1. 12. 1994 to 31. 3. 1996 thus totalling the arrears of rent of Rs. 264/ -. Since there was arrears of rent, the petitioner was constrained to issue notices to the respondents determining the tenancy under Section 106 of the Transfer of property Act and all the notices were marked as Ex. A1 (series) and acknowledgment cards for the receipt of the notice by the respondents were marked as Ex. A2 (series) respectively in all the cases.

(3.) THE Court heard the respondent on the above contentions.