SUNIL KUMAR Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) DEFENDANT Sunil Kumar has filed the instant revision petition under Article 227 of the Constitution of India read with section 83 of the Wakf Act, 1995 (in short, the Act) challenging judgment and decree dated 9.4.2009, Annexure P/7 passed by learned Wakf Tribunal, Amritsar (constituted under the Act).

(2.) RESPONDENT Punjab Wakf Board filed suit against the defendant for possession of demised property by ejectment of defendant and for recovery of Rs. 2160/- as arrears of rent. The plaintiff-respondent alleged that the defendant took the suit property i.e. roof of a shop on rent from the plaintiff with effect from 1.1.1984 as allotted vide order dated 21.4.1984. Rate of rent was Rs. 30/- per month. Tenancy of the defendant was terminated by serving notice. Tenancy also stood terminated by efflux of time. The defendant failed to vacate the property and also failed to pay rent for 36 months preceding the filing of the suit. The defendant also made alterations and additions in the shop.

(3.) LEARNED Wakf Tribunal vide impugned judgment and decree dated 9.4.2009 decreed the suit of plaintiff for possession of the disputed property by ejectment of defendant therefrom and also for recovery of arrears of rent @ Rs. 30/- per month with effect from 1.4.2003 till delivery of possession to the plaintiff. Feeling aggrieved, the defendant has preferred the instant revision petition.