- (1.) Heard Sri J.P. Pandey, learned counsel for the defendant-appellant and Sri Manu Khare, learned counsel for for the plaintiff respondents.
(2.) This second appeal u/s 100,CPC has been filed by the defendant-appellant against the judgment and decree dated 5.10.2010 passed in Civil Appeal No. 152 of 2008, whereby the lower appellate court while reversing the judgment and decree dated 17.11.2008 of the trial court, has allowed the appeal filed by the plaintiff-respondents and decreed the suit.
(3.) The facts of the case as reflect from the record are thus: A lease (patta) was allotted to the defendant on 25.8.1955 for a period of five years. The lease deed contained a condition that the lease would be renewable 15 days earlier to the date of its expiration. Thereafter, the said lease was never renewed or extended and ultimately the suit in question was filed by the plaintiff-Waqf on 15.9.1990 on the ground that the lease had already expired and defendant failed to vacate the disputed land, and therefore, the relief for possession, ejectment and recovery of arrears of rent on account of unauthorized use and occupation, was claimed.;