ANUP KUMAR JAISWAL AND ANOTHER Vs. NOOR SABAH ANSARI AND OTHERS
LAWS(CAL)-2018-8-297
HIGH COURT OF CALCUTTA
Decided on August 02,2018

Anup Kumar Jaiswal And Another Appellant
VERSUS
Noor Sabah Ansari And Others Respondents

JUDGEMENT

SANJIB BANERJEE,J. - (1.) The petitioners herein claim to be the lessees in respect of a waqf property who have obtained a decree against their sub-lessees at the waqf property. The immediate grievance of the petitioners is that a stranger claiming to be the mutwali of the waqf estate has applied under Order 21, Rule 99 of the Code to resist the implementation of the decree.
(2.) The petitioners claim that the opposite party no.1 has not even indicated in the Order 21, Rule 99 proceedings how such person or the waqf estate was in possession of the property so as to be entitled to resist the execution of a decree for possession.
(3.) The opposite party no.1 submits that the lease initially granted in 1975 was for a period of three years which was renewed for a short duration and the petitioners herein have abandoned the possession of the premises originally let out since then. Such position is disputed by the petitioners herein.;


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