- (1.) The present writ petition has been filed against the judgment and order dated 6.5.2005 passed by the Additional District Judge, Court No. 17, Meerut in SCC Revision No. 121 of 2000 (Annexure-10) upholding the order of the Trial Court dated 1.5.2000 (Annexure-7) whereby the suit No. 224 of 1995 filed by the plaintiffs for arrears of rent and ejectment was decreed in their favour. The petitioner is a tenant of the premises in dispute which is situated in Mohalla Bhatipura Edgah, Baghpat Gate, Meerut. A suit, being suit No. 224 of 1995, for arrears of rent and ejectment was filed by the landlord-respondents against the defendant-petitioner. As per plaint averments suit property is waqf property founded by late Hazi Nadir Ali Khan and Hazi Mohd. Ishaq which was managed by Mutwallis Hazi Nadir Ali Khan and Nasir Ali Saleem. The father of the petitioner. Mr. Abdul Qaiyum, who was a tenant of the premises in dispute at the rate of Rs. 5/- per month, committed default in paying rent from April, 1995, hence a registered notice dated 25.7.1995 under section 106 of Transfer of Property Act (in short 'T.P. Act') on behalf of the plaintiffs was served upon the defendant and when the defendant neither paid the arrears of rent nor vacated the premises in dispute, the plaintiffs filed the said suit for arrears of rent, ejectment and also claimed damages at the rate of Rs. 1000/- per month, inter alia, alleging that that the suit property is waqf property as such the provisions of U.P. Act No. XIII of 1972 (In short' Act') are not applicable. The defendant-tenant filed his written statement and admitted the tenancy and receipt of notice but denied the allegation about any default in payment of rent.
(2.) After hearing the parties and considering the evidence led by the rival sides, the Trial Court held that since the premises in dispute is a waqf property, the Act is not applicable to the premises in dispute and the plaintiff-respondents have rightly terminated the tenancy, and, consequently, the suit for arrears of rent and ejectment was decreed in favour of the landlord-respondents on 1.5.2000.
(3.) Being aggrieved and dissatisfied with the said order, a revision, being J.S.C.C. Revision No. 121 of 2000, was filed by the petitioner which too was dismissed on 6.5.2005 by the Addl. District Judge, Meerut. Hence, the present writ petition.;