NOORUL SUBHA Vs. ADDITIONAL DISTICT JUDGE-I BIJNOR

JUDGEMENT

(1.) Heard Sri Fahim Ahmad, Advocate, holding brief of Sri Anurag Khanna, Advocate for the petitioner and perused the record. The writ petition is directed against judgment and order dated 7th August, 1997 passed by Small Cause Court, Bijnor dismissing SCC Suit No. 48 of 1995 and revisional judgment and order dated 30.11.1999 of 1st Additional District Judge, Bijnor dismissing petitioner's S.C.C. Revision No. 46 of 1997 and confirming Trial Court's judgment dated 7.8.1997.

(2.) The petitioners filed ejectment suit before Small Cause Court on the ground that respondent No. 3, who is a tenant in the disputed accommodation namely a shop situated at Mandi Pamarganj, Bijnor has committed default in payment of rent and therefore, is liable for ejectment. The petitioners' pleaded that property in dispute is a Wakf property and, therefore, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") has no application, hence, after issuing notice under Section 106 of Transfer of Property Act, 1882 (hereinafter referred to as "Act, 1882") tenancy of respondent No. 3 was determined and he was liable for ejectment.

(3.) The respondent No. 3 disputed the fact that property in dispute is a Wakf property and also contended that Wakf Board itself ought to have been impleaded as plaintiff and in any case since entire dues have been deposited under Section 20(4) of Act, 1972 on the first hearing of the suit, decree of eviction is not liable to be passed against him.