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2003 Supreme(Kar) 401

D.V.SHYLENDRA KUMAR
DARGA HAZARAT ATAULLA SHAH – Appellant
Versus
KARNATAKA WAKF TRIBUNAL, BANGALORE – Respondent


Advocates:
D.SRINIVAS KARRA, P.S.Malipatil, S.A.VAJID

SHYLENDRA KUMAR, J.

( 1 ) THE petitioner is a Wakf Institution registered under the provisions of Wakf Act, 1954, and is being administrated by its Administrator. It functions under the provisions of Wakf Act and supervision of karnataka State Board of Wakf.

( 2 ) THE petitioner institution had initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the petitioner for evicting that tenant under the provisions of Karnataka Public premises (Evictions of un-authorised occupants) Act, 1974 (hereinafter referred to as Act ). The competent officer after receipt of the complaint issue notice to the second respondent and held an enquiry which terminated in the eviction order dated 27. 4. 2001 (Copy at Annexure-A ).

( 3 ) IN respect of such an order, the person aggrieved is entitled to prefer an appeal under Section 10 (1) of the Act and the appeal lies to the District judge having jurisdiction over the area.

( 4 ) ). The second respondent who has suffered an order of eviction has preferred an appeal to the Karnataka Wakf Tribunal, Bangalore division, Bangalore in TAC/4/2001-02 under Secti











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