WAZIRUDDIN (SINCE DEAD) AND ORS Vs. SHABBIR AHMAD

JUDGEMENT

(1.) The defendant of SCC Suit No. 81 of 2002 has filed this petition under Article 226 of the Constitution to assail the order dated 26th August, 2006 passed by the Judge, Small Cause Courts by which the Suit for eviction and recovery of arrears of rent was decreed. The petitioners have also sought the quashing of the judgment and order dated 26th February, 2008 by which the Revision filed by the defendant against the aforesaid order was dismissed.

(2.) The aforesaid SCC Suit No. 81 of 2002 was filed for eviction and recovery of arrears of rent on the assertion that the the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act ) does not apply as the building in dispute belongs to the waqf and is exempted from the operation of the Act under the provisions of Section 2(bbb) of the Act and even though the tenancy had been determined by a valid notice under Section 106 of the Transfer of Property Act the defendant failed to comply with the terms of the notice. The Suit was decreed holding that the provisions of the Act did not apply and the tenancy had been determined by a valid notice. The Revision filed by the defendant was also dismissed.

(3.) I have heard Sri R.K. Awasthi learned Counsel for the petitioners and Sri Jai Prakash Prasad learned Counsel appearing for the respondent and have perused the materials available on record.