MOHAMMED ZAHEER AHMED Vs. SYED SHAH SHUJSUDDIN QUADRI

JUDGEMENT

(1.) This C.R.P. is directed against the judgment dated 9-8-2005, passed by the Chief Judge, City Small Causes Court, Hyderabad, dismissing the appeal in R.A. No.299 of 2001, confirming the order dated 6-6-2001, passed by the IV Additional Rent Controller, Hyderabad, allowing R.C.No.718 of 1991, filed by the landlords seeking eviction of the tenants.

(2.) Heard the learned Counsel for the petitioners-tenants and the learned Counsel for the respondents-landlords.

(3.) The learned Counsel for the petitioners-tenants submitted that the respondents-landlords are not the owners of the property which they are in possession and it belongs to the wakf, and though the petitioners-tenants raised the question of jurisdiction of the Court to decide disputes in relation to disputes arising out of the properties belonging to the wakf at the earliest point of time, the Court below committed an error in holding that it was raised at a belated stage. In support of his submission that in relation to disputes arising out of the properties belonging to wakf, the Wakf Tribunal alone has jurisdiction to decide, he placed reliance on the judgment of a Division Bench of this Court in M. Bikshapathi v. Government of Andhra Pradesh, 1999 (6) ALD 270 (DB). He submitted that the petitioners-tenants took the property for commercial use, and the Court below committed an error in holding that the petitioners-tenants have changed the user of the property from residential to commercial. He thus prayed that the impugned order be set aside and the C.R.P. allowed.