Honble BALIA, J.–These two writ petitions are by unsuccessful occupants of wakf properties, which are public premises within the meaning of Sec. 2[b][viii] of the Rajasthan Public Premises [Eviction of Unauthorised Occupants] Act, 1964 [Act No. 2 of 1965] [for short `the Act].

(2). The case of the petitioners is that vide rent deed dated 13.5.1988, they have been inducted as tenants in the properties situated at Jodhpur belonging to Rajasthan Board of Muslim Wakf, Jaipur [hereinafter to be referred to as `the respondent Wakf Board] on the conditions that they will pay rent @ Rs. 200/- per month for the first 5 years and thereafter, 15% rent will be increased after every five years till the rent is brought to Rs. 304.17P. per month. It was agreed that the rent will be paid only by obtaining a receipt. The petitioners paid the rent regularly upto 30.6.1990. Thereafter, since the receipt was not given, the rent could not be paid.

(3). As a result of non-payment of rent, the petitioner Mohd. Hussain was served with a Notice dated 18.9.1996 and petitioner Mohd. Aslam was served with a Notice dated 12.9.1996 whereby their tenancy was terminated by the respondent Wakf Board with effect from

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