MAQSOOD ALI Vs. SHAMSHER KHAN

JUDGEMENT

(1.) THIS revision is directed against a judgement of the Judge Small Cause Court dated 27-4-1975 decreeing the suit of the plaintiff-opposite party for ejectment of the defendant-applicant and for recovery of the arrears of rent.

(2.) SUIT No. 325 of 1973 had been filed by the plaintiff-opposite party for ejectment of the defendant. The plaintiff claimed that he was the Mutwalli, Manager and Administrator of the Waqf Property No. 8/538 Takia Wazirshah, Hing-Ki-Mandi Agra and that the defendant was the tenant of one of the shops of the aforesaid property on a monthly rent of Rs. 8/-. The plaintiff claimed that as the defendant had not paid the rent despite the service of the notice of demand he was liable to ejectment.

(3.) THE main question that arises for determination in the present revision is whether the order striking off the defence was valid and could be sustained. In the instant case, the defendent did not admit the title of the plaintiff-opposite party and asserted that as there was no relationship of landlord and tenant between him and the plaintiff, the suit of ejectment was not maintainable. THE plaintiff-opposite party had also claimed that the property was not the waqf property and that the defendent was not its tenant.