JUDGMENT :

C.K.ABDUL REHIM, J.

Tenants occupying buildings belonging to the 5th respondent waqf namely, 'Kuzhikattumoola Jama-ath Palli', are the petitioners herein challenging Exts.P4 to P18 notices issued under Section 54(1) of the Waqf Act, 1995 ('the Act', for short). Inter alia, the petitioners seek direction to the 'Interim Mutawalli' of the waqf concerned, to permit the petitioners to continue their occupation in the leased out buildings, by accepting 5% increase in the amount of rent. The petitioners are also seeking declaration that they are not 'encroachers' coming within the purview of Sections 54 and 56 of the Act.

2. The word 'encroacher' defined under Section 3(ee) of the Act takes within its sweep, a person whose tenancy or lease or licence has expired or has been terminated by the 'Mutawalli' or the Board. In the case at hand it is contended that, the petitioners are in occupation of the buildings for more than 15 to 20 years and the 'Mutawalli' had renewed the leases by enhancing the rent, periodically. It is alleged that there arose rivalry between the 'Mutawalli Committee' and the petitioners, in connection with disputes relating to election of the 'Managing Committ