R.H. Zaidi, J. - (1.) By means of this petition under Article 226 of the Constitution of india, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.1.1998 passed by Special Judge [B.C. Act), acting as revisional court.
(2.) It appears that petitioner who is the tenant of the building in question deposited amount of rent from 1.7.86 to 31.8.91 on 10.9.91 in the Court of Munsif under Section 30 of the Act in Case No. 171 of 1991 and prayed for permission to continue to deposit the rent in the Court. The respondent No. 2 objected to and opposed the application filed by the petitioner. The trial court (Munsif) by his judgment and order dated 11.2.1995 allowed the application ; but only for the period ending on 31.12.93 without prejudice to the rights of the parties. The application filed by the petitioner for depositing the amount of rent under Section 30 for permission to deposit the amount of rent was rejected for the period commencing from the enforcement of U. P. Act No. V of 1995, as the buildings owned by Waqf-al-aulad were taken out of purview of the said U. P. Act No. XIII of 1972.
(3.) Aggrieved by the judgment and order passed by the Munsif, respondent No. 2 filed a revision before the Court below under Section 115. C.P.C. The revisionat court held that after enforcement of U. P. Act No. V of 1995, the provisions of the Act ceased to apply to the buildings belonging to or vested in Waqfs including the Waqf-alal-aulad. The Court below allowed the revision ; but permitted the petitioner to withdraw the amount deposited in Case No. 17 of 1991 and to deposit the same in S.C.C. Suit which was pending in the Court of Judge Small Causes, with the observation that the said deposit shall be without prejudice to the rights of the parties and the effect of such deposit shall be determined In the ejectment suit, by his judgment and order dated 14.1.1998.;