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2021 Supreme(Raj) 1748

CHANDRA KUMAR SONGARA
Dhakar Chatravas – Appellant
Versus
Rajasthan Board of Muslim Wakf – Respondent


Advocates appeared:
Mr. S.C. Gupta, Advocate, for the Appellant; Mr. Kamlendra Singh, Advocate, for the Respondent.

ORDER

1. Instant appeal has been preferred on behalf of the appellants against the impugned order dated 27.10.2009 passed by the Court of learned Additional District Judge, No.2, Bharatpur, (hereinafter to be referred as the "appellate Court"), whereby application under Order 7 Rule 10 of C.P.C. filed by the respondent-Board had been allowed and the appeal of the appellants had been returned back to file the same before the competent Court.

2. Facts of the case, in brief, are that the respondent-Board filed a petition before the Estate Officer under the Rajasthan Public Premises (Eviction of unauthorized Occupants) Act, 1964 seeking eviction of the alleged wakf property stating therein that the appellants are in unauthorized occupants thereupon. The aforesaid proceedings were admittedly filed in 1992. The Estate Officer vide its order dated 24.02.2001 allowed the petition of the Board and ordered to vacate the premises and further handover the possession of the same to the Board with a further direction to make payment of rent from 1981 to 1986 @ Rs.1000/- per month and further mesne-profit for the use and occupation @ Rs.1000/- per month till delivery of the possession. Against the

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