MOHAMMAD HUSSAIN Vs. RAJASTHAN BOARD OF MUSLIM WAKF

JUDGEMENT

(1.) These two writ petitions are by unsuccessful occupants of wakf properties, which are public premises within the meaning of S. 2(b)(viii) of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (Act No. 2 of 1965) (for short 'the Act).

(2.) The case of the petitioners is that vide rent deed dated 13-5-1988, they have been inducted as tenants in the properties situated at Jodhpur belonging to Rajasthan Board of Muslim Wakf, Jaipur (hereinafter to be referred to as 'the respondent-Wakf Board') on the conditions that they will pay rent @ Rs. 200/- per month for the first 5 years and thereafter, 15% rent will be increased after every five years till the rent is brought to Rs. 304.17P. per month. It was agreed that the rent will be paid only by obtaining a receipt. The petitioners paid the rent regularly up to 30-6-1990. Thereafter, since the receipt was not given, the rent could not be paid.

(3.) As a result of non-payment of rent, the petitioner Mohd. Hussain was served with a Notice dated 18-9-1996 and petitioner- Mohd. Aslam was served with a Notice dated 12-9-1996 whereby their tenancy was terminated by the respondent-Wakf Board with effect from 20-10-1996 and 14-10-1996 respectively or from one month from the date of commencement of the tenancy after the receipt of the notice according to the petitioner himself. The respondent-Wakf Board also demanded interest @ Rs. 2000.00 per month from September 1996. In reply to the above notice, the petitioner Mohd. Hussain submitted that he remitted a sum of Rs. 32800.00 vide Demand Draft dated 1-11-1996 calculating the rent @ Rs. 400.00 a month, which has been duly received by the respondents. He further remitted a sum of Rs. 50600.00 vide Demand Draft dated 5-9-1997, which has also been duly received by the respondents. Likewise, petitioner-Mohd. Aslam submitted that he remitted a sum of Rs. 16,400.00 vide Demand Draft dated 28-10-1996, which has been duly received by the respondents. He further remitted a sum of Rs. 2530.00 vide Demand Draft dated 5-9-1997, which has also been duly received by the respondents.