R SAKUNTALA Vs. HAJI KHATIJA BEEVI TRUST

JUDGEMENT

(1.) The revision petitioner is the first respondent in Wakf Original Petition No.2 of 2000 on the file of the Wakf Tribunal/Principal Subordinate Judge, Nagapattinam. The 1st respondent herein (since deceased) filed the above petition for eviction of the revision petitioner/tenant from the petition mentioned premises.

(2.) The case of the 1st respondent/ petitioner in Wakf O.P.No.2 of 2000 is that the petition mentioned property belonged to Wakf Board and that the revision petitioner/tenant refused to pay enhanced rents and also did not pay rents for the period from 01.12.1998 to 31.07.1998, which forced the petitioner to issue a lawyers' notice dated 24.04.1999 (a copy of which is marked as Ex.A1), terminating the tenancy and that the 1st respondent/ revision petitioner sent a reply notice dated 06.05.1999 ( a copy of which is marked as Ex.A2), which contained false allegations. Therefore, the 1st respondent filed Wakf O.P.No.2 of 2000 seeking for eviction of the tenant from the petition mentioned premises.

(3.) The revision petitioner /1st respondent filed a counter contending that the petition mentioned property is not a wakf property and that there is no arrears of rents as alleged by the landlord. According to the petitioner, the rents for the period from 15.11.1998 to 15.11.1999 were sent through money orders and that the landlord refused to receive the rents, after Ex.A1 notice. The further contention of the revision petitioner/1st respondent is that her husband was inducted as a tenant in the property on 08.01.1949 and till the year 1991, he had carried out several repairs in the premises, apart from paying house tax. It is also contended by the revision petitioner that the landlord had suppressed the execution of rental agreement dated 01.06.1994 and that the petition is not at all maintainable, as the landlord can only file a civil suit for ejectment.