- (1.) Heard learned Counsel for the parties and perused the record. The facts in brief are that SCC Suit No. 51 of 2002 was filed by Waqf Khuda Band Tala through Allalaulad situated in Mohalla Chob Faroshan Tehsil and District Saharanpur, respondent No. 3 against the petitioner for arrears of rent and eviction.
(2.) It is alleged in the plaint that the property in dispute was waqf Allalaulad. As per provisions of section 2 of U.P. Act No. 13 of 1972 the instrument of the property was not effective and the property was beyond the ambit of provisions of U.P. Act No. 13 of 1972, hence the defendant was not entitled to get the benefit of the provisions of the aforesaid Act.
(3.) The suit aforesaid had been withdrawn vide order dated 27.2.2002 with liberty to file it again. The plaintiff was a registered waqf and its mutawali was Sri Swalehabad son of Hafiz Noor Ahmad. The said waqf was registered with Sunni Central Waqf Board, Lucknow at Waqf No. 41-A and 42-A of District Saharanpur, hence a suit was again filed against the defendant. It is further alleged that the plaintiff did not want to retain the defendant as his tenant, hence he gave a registered notice dated 11.7.1996 which was received by him on 12.7.1996. The plaintiff terminated the tenancy of the defendant on the expiry of 30 days from receipt of the said notice requesting the defendant to vacate the concerned accommodation and to handover its peaceful possession along with due to the petitioner within a period of one month from the date of receipt of the notice. However, inspite of service of notice the defendant neither handed over the possession of the property in dispute to the plaintiff nor paid the rent and water tax etc. hence, he was liable to be dispossessed from the property in dispute.;