Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties. Respondent No. 2 Waqf through Maqsood Ali its alleged Mutawalli filed suit for eviction against the tenant petitioner in the form of S.C.C. Suit No. 201 of 1985. J.S.C.C. Moradabad, dismissed the suit on 19.1.1988 holding that Maqsood Ali was not the Mutawalli of the Waqf. Against the said judgment and decree S.C.C. Revision No. 26 of 1989 was filed. The said revision was allowed on 2.12.1989 by II Additional District Judge, Moradabad. Suit for eviction and recovery of arrears of rent at the rate of Rs. 20/ - per month was decreed. The said judgment of the Revisional Court is under challenge in this writ petition.
(2.) DURING pendency of the writ petition Maqsood AH died and at his place Saadat Ali has been substituted. Now respondent No. 2 Waqf is represented by Saadat Ali. Sri B.D. Misra learned Counsel has filed Vakalatnama on behalf of Saadat Ali. Sri Misra states that on 30.8.2006 he has filed an affidavit, which is not on record. Duplicate copy of the same has been supplied by learned Counsel today, which is taken on record. In the said affidavit of Saadat Ali, it has been stated that now Waqf does not want to evict the petitioner. In view of this statement, writ petition is allowed. Judgment and order passed by the Revisional Court is set aside. Judgment and decree passed by the Trial Court dismissing the suit of the plaintiff is restored.
(3.) HOWEVER rent of Rs. 20/ - per month for a room in Moradabad is virtually as well as actually no rent. Accordingly, it is directed that with effect from September, 2006 onwards tenant petitioner shall pay rent to the landlord Waqf at the rate of Rs. 350/ - per month, inclusive of water tax etc. No further amount shall be payable by the tenant.;