RAFAT NAGHMI Vs. ANJUMAN LSLAMIA MUSLIM YATEEM KHANA

JUDGEMENT

(1.) A portion consisting of two rooms one store, bathroom, latrine and kitchen etc. on the first floor of a building bearing Municipal No. 16/14 known as Muslim Yateem Khana situate in prime locality of Kanpur city is the subject matter of the present petition. The Petitioner as tenant came in occupation of the aforesaid two rooms accommodation in pursuance of an allotment order dated 28.12.1985 in her favour. It was allotted on her application on a presumptive rent of Rs. 17.50. The Petitioner having failed to pay the rent, thus, committed default in its payment in spite of notice of demand and termination of tenancy, is facing eviction order passed by the two Courts below concurrently in a duly constituted suit being SCC suit No. 185 of 2002. The said suit after contest has been decreed for recovery of arrears of rent, damages and eviction by the judgment and decree passed by the trial Court on 17th of November, 2004 confirmed in SCC revision No. 86 of 2004 by the Additional District Judge on 4.2.2009.

(2.) The decree for eviction has been passed principally on the two grounds that (i) the property in dispute is Waqf property to which the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are not applicable in view of Section 2 (1) (bb) of the said Act and that (ii) the Defendant tenant/Petitioner is in arrears of rent for a period more than four months and has failed to pay the rent and damages in spite of service of notice of demand and determination of tenancy. Therefore, she is liable for eviction under the provisions of the said Act even if the said Act is applicable.

(3.) The suit was contested by denying the fact that the building in question is Waqf property. So far as default in payment of rent is concerned, it was set out in the written statement that the Plaintiff has not accepted the rent from her and as such there is no default. She has deposited the rent under Section 20 (4) of the Act and thus, she may be relieved from the decree of eviction there under.