Altamas Kabir, J. - (1.) Despite service of notice, no one appears for the private respondents. Mr. Aloke Ghosh, learned advocate, is present on behalf of the Calcutta Municipal Corporation and its authorities.
(2.) The petitioners claim to be the joint mutwallis of the wakf estate of one Haji Abdul Mistry. According to the petitioners, premises No. 35B, Topsia Road South, comprises a big area which is partly under the direct occupation of the wakf estate and partly under the occupation of thika tenants. A three storeyed building has been erected on a portion of the said premises which is under the occupation of the mutwallis and other beneficiaries of the wakf estate. Certain portions of the premises have been settled with beneficiaries of the wakf estate, land the remaining portions have been let out to thika tenants.
(3.) The specific case of the petitioners is that while the thika tenants pay a meagre sum to the wakf estate by way of annual rent, the said thika tenants have inducted tenants and are realising large sums as monthly rents from them. According to the petitioners, the annual valuation of the premises has been computed on the basis of the rents payable by the monthly tenants of the thika tenants, but the liability for payment of the same was foisted on the wakf estate,which receives a sum of Rs. 198/-from its four thika tenants annually.;