KUBRA KHATOON Vs. ALLAHTALA MALIK WAQF MASOOM HASAN

JUDGEMENT

(1.) Heard Sri Manoj Kumar Sharma for the petitioners; Sri Kshitij Shailendra for the respondents; and perused the record.

(2.) This is a defendants' petition against the judgment and decree dated 18.02015 passed by the Civil Judge (Jr. Div.), J.P. Nagar in S.C.C. Suit No. 05 of 2008 and the order dated 10.04.2017 passed by the Additional District Judge/Special Judge (S.C./S.T. Act), Amroha in S.C.C. Revision No. 03 of 2015.

(3.) S.C.C. Suit No. 5 of 2008 was instituted by plaintiff-respondent against the defendant-petitioners for arrears of rent and eviction in respect of a shop. The plaintiff respondent claimed itself to be a registered Waqf and owner/landlord of the disputed shop. Waqf being owner of the disputed shop it was claimed that U.P. Act No. 13 of 1972 was not applicable. It was claimed that the defendants were tenant on a monthly rent of Rs. 15 per month; that they have been in arrears of rent since 01.11.1994; and that by a notice dated 16.07.2008 arrears of rent, with effect from 01.11.1994 up to 30.06.2008, was demanded and the tenancy was terminated; and that despite service of notice, the defendants neither vacated the premises nor paid the rent, hence were liable to be evicted. It was also alleged that the defendants had made material alterations in the accommodation in dispute and had thereby damaged the accommodation.