NOORE Vs. MAHMOOD HASAN

JUDGEMENT

(1.) Heard Sri I.K. Upadhyay holding brief of Sri Kamlesh Kumar Tiwari, learned counsel for the defendants-petitioners/ tenants.

(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the judgment and order dated 04.12017 in S.C.C. Revision No.40 of 2016 (Noorey vs. Mahmood Hasan) passed by the court of Additional District Judge, Court No.10, Gorakhpur and the order dated 28.11.2016 in S.C.C. Case No.44 of 2003 (Maqbool Hasan vs. Asma Bano and others) passed by the Civil Judge (S.D.)/ J.S.C.C., Gorakhpur.

(3.) Briefly stated facts of the present case are that the plaintiff-respondent is undisputedly a Waqf registered under the Waqf Act, 1995. The Waqf property is Imambara, Kath ka Tajiya, Mohalla Mirzapur City Gorakhpur. In this property, there is a shop in which the defendants-petitioners were tenants at a monthly rent of Rs.80/-. Plaintiff-respondent issued notice to the defendants-petitioners dated 02.08.2003 under Section 106 of the Transfer of Property Act, 1882 whereby the tenancy was determined and arrears of rent were demanded. Since the disputed accommodation was not vacated by the defendants-petitioners, therefore, the plaintiff-respondent filed S.C.C. Suit No.44 of 2003 on two grounds, firstly that the defendants-petitioners are defaulter in payment of rent and secondly that the disputed accommodation is required for the self use of the Waqf. The aforesaid suit was decreed by the Judge Small Cause Court, Gorakhpur by judgment dated 28.11.2016. Aggrieved with this judgment, the defendants-petitioners filed S.C.C. Revision No.40 of 2016, which has been dismissed by the impugned judgment dated 04.12.2017 passed by the court of Additional District Judge, Court No.10, Gorakhpur. Aggrieved with these two judgments, defendants-petitioners/ tenants have filed the present petition under Article 227 of the Constitution of India.