- (1.) By this writ application, the petitioners have challenged an order of eviction passed by the Board of Wakfs since affirmed by the Appellate Authority in exercise of power conferred under section 54A of the Bengal Wakf Act, 1934 ("Act").
(2.) The facts relevant for disposal of this writ application are stated below : The property involved is a part of the estate of the wakf created by Prince Golam Mohammed, a son of Tipu Sultan. By a registered deed of lease dated 29th June, 1909, the then Mutwallis of the estate leased out the property to one Joseph Issac Joseph Hyam for a period of 75 years w.e.f. 1st July, 1909. M/s. Shaw Wallace & Co., the petitioner No. 1 herein was a sub-lessee under the aforesaid lessee. After the lease of 75 years expired w.e.f. 1st July, 1984, the Wakf Estate, the lessor, had not taken any step for recovery of possession from the lessee or sub-lessee but subsequently the said Shaw Wallace & Co. negotiated with Md. Mobinuddin, Trustee-Chairman, Mr. Nazim Ali Mirza and Mr. Asif Ali Shah, the then Mutwallis of the estate for execution of a fresh lease of the property for a period of 31 years and a draft lease-deed was prepared. However, the Wakf Board did not give consent to the Mutwallis for creation of such lease. The Shaw Wallace and Co. had filed a suit being No. 795 of 1984 in the Original Side of this High Court for a declaration that the company was a monthly tenant in respect of the disputed property. At this stage, the Wakf Board intervened and initiated proceedings under section 54A of the Act for eviction of the petitioners.
(3.) The petitioners contested the proceedings before the Wakf Board and ultimately the Wakf Board passed an order for eviction of the petitioners on the ground that on the expiry of lease of 75 years the petitioners not having made any offer of renewal of lease before the Board of Wakfs, they were not entitled to remain in occupation of the property.;