MANJULA VARSHENEY Vs. ANDHRA PRADESH STATE WAKF BOARD

JUDGEMENT

(1.) Legal notice dated 16-8-1999 issued by an Advocate, on behalf of the first respondent A.P. State Wakf Board, Hyderabad, terminating the tenancy of the petitioners, under Section 106 of the Transfer of Property Act, is challenged in this writ petition.

(2.) Property bearing No. 6-1-1057, known as 'Zard Bungalow' situated at Khairatabad, Hyderabad, is a wakf property. There is no dispute about the same. The said property was leased out under a registered lease deed dated 5-1-1970 in favour of one late Roopkishore Gupta, for a period of sixty years with effect from 5-1-1970 under an express permission granted by the first respondent - A.P. State Wa kf Board (for short 'the Board'} vide resol u tion dated 22-12-1969. The terms and conditions regulating the lease were set out in the said registered lease deed dated 5-1-1970. We are not concerned in the instant writ petition with the various terms and conditions and as to whether the said lease could have been granted at all.

(3.) The said Roopkishore Gupta after obtaining lease, had demolished the existing structure and constructed cinema theatres - Meera Talkies and Meera Deluxe Cinema. After the death of Roopkishore Gupta, his son, Raj Kumar Gupta succeeded the property as a lessee under the lease deed and after his death, the petitioners are continuing as the existing lessees of the property.