SULTANA ABDULLAH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Challenge, in this revision application, is the judgment and order dtd. 19/8/2020 passed by the Ld. Waqf Tribunal West Bengal, in connection with Ejectment Suit no. 16 of 2014 wherein an order of entitlement was passed in favour of the plaintiff with respect to arrears of rent @ of Rs.86,735.00 for the period 1/9/2013 to 8/3/2016 along with interest @ 6% per annum till the recovery of arrears rent and cost of litigation to the tune of Rs.50,000.00.

(2.) On 5/2/1927, one Sk. Md. Ibrahim Barry executed a deed of Waqf dedicating all the properties including the subject property to the Board of Waqf for the purpose of welfare and maintenance of family members with the provision of appointment of Mutawalli from amongst descendants of the said Waqif. The Waqf Estate was known as 'Sk. Md. Ibrahim Barry waqf Estate' and enrolled with Board of Waqf. Waqif during his life time remained as Mutawalli and thereafter his legal heirs became Mutawalli. The entire Waqf property was under direct management and control of the Board of Waqf for 12 years and thereafter the same was handed over to the petitioners i.e. daughter and granddaughter of the son of waqif, by a resolution dtd. 3/7/2012 which was confirmed on 6/9/2012. On and from 6/9/2012, petitioners took charge of the said Waqf Estate and their names were recorded on 17/10/2012.

(3.) After assuming charge of the property, petitioners noticed huge arrears of rent payable by the Bank/opposite party herein. Both the parties to the revision application held a joint meeting where opposite party/ Bank proposed to enter into an agreement for lease of 15 years but did not agree for the payment of any interest of arrears rent. As a sequel, petitioner refused to enter into any agreement for lease proposed by the opposite party /Bank.