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2021 Supreme(Ker) 1033

S.V.BHATTI, A.BADHARUDEEN
V. K. Vasudevan S/o Sisupalan – Appellant
Versus
Kerala State Wakf Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. R. Bindu, Sri. Prasanth M.P.
For the Respondent: Sri. Jamsheed Hafiz.

ORDER :

1. Revision petitioner, who is the original petitioner before the Waqf Tribunal in O.A. No. 3/2009, has filed this revision petition under Section 83(9) of the Waqf Act, challenging order dated 21.01.2011 passed by the Waqf Tribunal in the above Original Application. The respondents before the Tribunal are the respondents herein.

2. The revision petitioner would contend that he had been in possession of building No. 1/1995 on the basis of a rental arrangement entered into between himself and one K.P. Abdurahiman as per rent deed dated 25.07.1982. However, on 28.02.2001, the 2nd respondent issued a notice stating that the 2nd respondent purchased the above building and future rent to be paid to the 2nd respondent. According to the petitioner, Chief Executive Officer of the Waqf Board passed order dated 19.12.2008 holding the petitioner as an unauthorised occupant of the waqf building and thereby he was directed to be evicted.

3. It is urged by the learned counsel for the petitioner further that, the petitioner, who took the building on rent, cannot be held as an unauthorised occupier of the building under Section 54 of the Waqf Act and therefore, the order of the Chief Executiv

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