ABDUL SAKUR Vs. RENT TRIBUNAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE present writ petition has been filed by the petitioner/tenant being aggrieved by the order dated 18.04.2006 (Annex.1) passed by learned Rent Tribunal, Pali in Case No.24/05 - Panchayat Churigaran Samaj Seva Samiti & Anr. Vs. Abdul Sakur & Anr., by which the learned Rent Tribunal has decided the preliminary issue No.7 against the petitioner/tenant, Abdul Sakur. The said Issue was whether the suit property in question, a residential house, belonged to Wakf Board or the plaintiff/respondent society, known as "Panchayat Churigaran Samaj Seva Samiti", of which the plaintiff No.2, Nasaruddin S/o Najamuddin, is the President.

(3.) LEARNED counsel for the petitioner/tenant, Mr. Sanjeev Johari, vehemently submitted that according to Notification Annex.5 dated 23.09.1965 (list of assets of the Wakf Board), the suit property in dispute i.e. 'Masjid Pakki Churigaran, Shop 6, Houses Kham 5 , Well one, Bazar Ghuti', is essentially a Wakf property under the Wakf Act, 1995, and therefore, even though the rent -note was executed in favour of petitioner's mother, Smt. Rehmat Bai on 01.01.1984 for Rs.500/ - per month by the respondent/applicant -Society but it is not the owner of the suit property. He, therefore, submitted that Rent Tribunal has erred in deciding the issue No.7 against the present petitioner/tenant and prayed that the present writ petition of tenant deserves to be allowed.