PRAKASH AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) -HEARD Counsel for the parties and perused the record.

(2.) BRIEF facts of the case are that Waqf Udma Biki alias Budhiya Biki respondent No. 5 is a registered Waqf consisting of building and Mosque old No. 120/122 (New No. 122/65 and 66 situated at Mohalla Netaji Subhash Chandra Bose Marg, Allahabad which is managed and controlled in accordance with the Waqf Act, 1993. In the said building of the aforesaid mosque there are many rented shops. The petitioner claims himself to be the tenant of shop No. 66/122 in the aforesaid building situated at Mohalla Johnstonganj, City, Allahabad.

(3.) IT is stated that on 10. 4. 2000 the petitioner sent rent of the disputed shop total amounting to Rs. 3,400/- at the rate of Rs. 200/- per month to the respondent landlord by postal money order but he refused to accept the same. Then he sent a registered notice on 28. 12. 2002 to the landlord with a request to accept the rent offered by him. The landlord respondent No. 5 replied claiming rent of the disputed shop at the rate of Rs. 1,250/- per month.