FARUQ Vs. INTEJAMIYA WAKF COMMITTEE

JUDGEMENT

(1.) Instant petition has been filed assailing order dated 18/03/98 (Ann.1) whereby Rajasthan Wqaf Tribunal, Jaipur allowed application (No. 2/93) filed by respondent No. 1 U/s 83 of The WaKf Act, 1995 ("the Act") directing the petitioner to remove tin shed at his own costs and further directing that he will not raise any construction permanently or temporarily and sublet or part with possession of property in dispute without prior permission of plaintiff (respondent No. 1).

(2.) Respondent No. 1 filed application U/s 83 of the Act with the grievance that wakf property of Hajrat Sheikh Allauddin has been notified as Wakf property duly controlled by its Management Intejamiya Committee which has let out a piece of land measuring 19x19 ft to petitioner on monthly rent of Rs.150/- w.e.f. 01/06/90 but was sublet at increased rent of Rs.500/-in the year 1995 and from 01/02/96 to Rs.600/- without any prior permission, petitioner raised tin shed. It was also pleaded that independent proceedings for eviction of petitioner (tenant) from rented property have been initiated by filing application before Estate Officer, which was pending when application U/s 83 of the Act came up for final disposal.

(3.) It has been informed to this Court by Counsel for petitioner that application for eviction filed by respondent plaintiff has been allowed by Estate Officer (Wakf), and he has been ordered to be evicted from rented property, against which petitioner preferred appeal and that is pending before appellate authority.