SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ranjit Saxena, learned counsel for the Defendant - Petitioner and Sri Mohd. Aslam Khan, learned counsel for the Plaintiffs-Respondents.
(2.) This petition under Article 227 of the Contitution of India has been filed praying to set aside the judgment dated 28.11.2015 in J.S.C.C. Revision No.01 of 2015 (Anjuman Islamia Jama Masjid through Secretary Javed and another v. Smt. Tahrunnisa) passed by the District Judge, Ghazipur.
(3.) Learned counsel for the Defendant-Petitioner submits that the Defendant-Petitioner is the owner of the disputed house being property No. 29-B, Gora Bazar, Ghazipur and thus, the question of her being a tenant, does not arise at all. The Waqf was created by a deed dated 05.04.1937 and the Plaintiff-Respondent No. 1 - Society was registered in the year 1960. However, its registration expired and was renewed only in the year 2000. Under the circumstances, as on the date when S.C.C. Suit No. 04 of 1999 was filed, the Plaintiff-Society itself was not registered and, therefore, suit was not maintainable at the instance of an unregistered Society. He submits that the Defendant-Petitioner has not paid rent as demanded by the notice given by the Plaintiffs-Respondents, since she was owner of the disputed house and, therefore, the Defendant-petitioner cannot be said to be in default of payment of rent. The name of the Defendant-petitioner was also mutated in the Municipal Records on 22.10.1997 and thereafter she paid house tax on 15.04.1998. Subsequently, the name of the Defendant-petitioner was deleted from the Municipal Record by an order dated 21.01.2000 which was challenged by her in the appropriate court and by an interim order dated 08.02.2000, the order dated 21.01.2000 mutating the name of the Plaintiffs-Respondents in the Municipal Records was stayed. He submits that the Revisional Court has completely overlooked important evidences on record. Therefore, the findings recorded by the Court below is perverse.;