RAHIMUDDIN KHAN Vs. WAQF JAINUL MASJID AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri. A.C. Srivastava for respondent No.1 and Sri. Bakhteyar Yusuf for respondent No.2.

(2.) The petitioner is aggrieved by the decree for recovery of arrears of rent and for ejectment dated 7.12.2013 passed against him by the Judge Small Causes Court, Meerut in SCC suit No. 100 of 2010 and the judgment dated 12.5.2015 passed by the District Judge, Meerut, dismissing SCC revision No.1 of 2014.

(3.) The SCC suit No. 100 of 2010 was instituted by the first respondent before the Judge Small Causes, Meerut against the petitioner for recovery of arrears of rent and for ejectment from the premises in possession of the petitioner as tenant. According to the plaint case, the demised premises is a waqf property and consequently provisions of U.P. Act No.13 of 19721 were not applicable to it. It was further alleged that the rent of demised premises was Rs.500/- per month and since 1 January, 2009, the petitioner had defaulted in payment of rent. His tenancy was allegedly terminated by a notice dated 22.10.2010. However, the petitioner failed to vacate the demised premises and hence the suit.