Facts in Brief:

1. This revision petition arises out of eviction proceedings in O.S. No. 13 of 2004 on the file of the Wakf Tribunal, Kozhikode. Having suffered a decree of eviction, the tenants are before us.

2. The facts in brief are that the then Muthavally of the plaintiff Wakf inducted the defendants' predecessor as a tenant into the suit schedule property, a house, about fifty years ago. Though the monthly rent began at Rs. 200/- from August 1999 onwards, it was said to have been raised to Rs. 700/-. In the course of time, on 12.09.2001, the successor Muthavalli issued a notice to the defendants, who succeeded as tenants after the death of their predecessor, demanding arrears of rent and also vacant possession of the property.

3. Besides traversing the notice contents in her reply, the first defendant sent a demand draft for Rs. 7920/- declaring that amount to be the arrears of rent. Later, on 23.7.2003, the landlord issued another notice terminating the tenancy, apart from demanding arrears of rent. When the defendants did not comply with the plaintiff’s demand, it initiated eviction proceedings.

4. The defendants set up a defence primarily contending that the property do