KALLU KHAN Vs. WAKF INTAJAMIYA COMMITTEE

JUDGEMENT

(1.) This appeal by plaintiff is directed against the judgment and decree dated 24/6/2010 in Civil Appeal No.16A/2009 confirming the judgment and decree dated 27/6/2009 in Civil Suit No.10- A/2009.

(2.) Facts in nutshell are to the effect that plaintiff/appellant claims to be in possession of the suit shop on monthly rent of Rs.200/-. The suit shop belongs to Wakf Intzamiya Committee and he is in possession thereof as a tenant on monthly rent payable to the defendant no.1. He has paid rent upto February, 2007, however, defendant no.2 appears to have become Manager by constituting a separate Wakf Intzamiya Committee and served a notice upon appellant/plaintiff to vacate the aforesaid premises, hence, plaintiff was in confusion as to whether defendant no.1 or defendant no.2 is managing wakf property and, therefore, he also served a notice upon defendant no.1 dated 29/1/2009 and in response thereto plaintiff was required to vacate the suit premises and since he was threatened to be dispossessed, he filed the suit for declaration that he be declared to be the tenant of either defendant no.1 or defendant no.2 and defendants be restrained from dispossessing plaintiff from the suit premises.

(3.) On being noticed, defendant no.2 submitted an application under Order VII Rule 11 of CPC on 14/5/2009 interalia contending that in fact vide order dated 29/11/2008 of the Wakf Committee under Section 54 of the Waqf Act, the plaintiff was ordered to vacate the suit premises within thirty days. Against the said order, plaintiff/appellant had filed an appeal before the M.P. Wakf Tribunal under Section 94 of the Wakf Act. The said appeal was dismissed on 23/3/2009. As such, by virtue of the aforesaid orders, it is established that the suit property is a Wakf property of the Committee and plaintiff is an encroacher. In view of the aforesaid facts, it is submitted that in the light of Section 85 of the Wakf Act, 1995, the instant suit is barred. For ready reference, provisions as contained in Section 83 (1), (2) and Section 85 of the Wakf Act, 1995 and that of Order VII Rule 11 (d) of CPC are reproduced below:-