YUSUF NUSVEE Vs. MRS. DEVASUNDER & ORS.

JUDGEMENT

(1.) The above civil revision petition under section 115 Civil Procedure Code is directed against the order passed by the Addl Dist Judge, Bangalore, in Misc No.273 of 1973 rejecting the application filed by the petitioner seeking permission to enter into a long term lease in respect of the trust property.

(2.) In brief the facts of the case are: that the petitioner is a muthavalli of 'Wakf-ul-Aulad' known as Musa Sait Trust. One Khanbahadur Musa Sait created the 'Wakf-ul-Aulad' by a registered document d/. 30-10-1920 in respect of the property bearing Nos.6 to 14 of Cubbon Road and No. 145 of Infantry Road, Civil Station, Bangalore. The petitioner filed an application under Sec. 36 of the Trusts Act, before the Dist Court seeking permission to lease out the property for a period of 56 years in favour of one ABV. Gowdh, under an agreement of lease, and produced a draft agreement. According to the agreement the lessee had agreed to invest Rs.65 lakhs to put up building construction, hotels, cinemas, etc., and at the end of 56th year he agreed to put the Trust in possession of all the properties. The agreement provided for a rent of Rs.3,000 per month in the beginning and with an increase of Rs.1,000 per month every five years. It is stated that the Trust property in its present condition is fetching a rental of Rs.500 per month. The proposed lease is intended to augment the in- come of the Trust for the benefit of the beneficiaries under the Trust.

(3.) The respondents herein are the tenants in occupation of three tenements in the Trust property. They have objected to the grant of permission to the Muthawalli to lease out the Trust property in favour of ABV. Gowdh. Their contention is that so long as they are in occupation, the Muthavalli cannot execute the lease deed in respect of the premises, in their possession.