ORDER :

(Prayer: Civil Revision Petition is filed under Section 83(9) of the Wafk Act, 1995, against the judgment and decree dated 04.04.2012 made in Wakf Original petition (W.O.P) No.3 of 2006 by the Principal Subordinate Judge, the Wakf Tribunal, Thanjavur.)

1. This revision is preferred by the respondent/tenant in W.O.P. 3/2006 on the file of the Waqf Tribunal (Principal Sub Court), Thanjavur, challenging the order of the Tribunal dated 04-04-2012 directing the petitioner/tenant to surrender vacant possession of the property on the ground of lack of inherent jurisdiction in the Tribunal to entertain the petition for eviction.

The Pleadings:

2.1 The petition:

- A plot measuring 162.5 ft x 102 ft, in T.Sy.65 of Tanjavur Town belonged to the respondent Thaikkal. It is a waqf registered with the Waqf Board. Ext.P-4 is the statutory proforma.

- On 20-08-1988 vide Ext.P-1, the aforesaid property was leased by it to the petitioner. The terms of the lease provided that the petitioner should put up a construction within one year from the date of the lease expending not more than Rs. 6.50 lakhs. The lease term was fixed at 40 years, and monthly rent payable was fixed for every ten years with an increase in rent in the subsequent ten years, such as Rs.2,000/- p.m. for the first ten years, Rs.2,400/- p.m. for the second ten years, Rs.2,800/- p.m. for the third ten years and Rs.3,500/- for the last ten years. Of the monthly rent payable, 50% is liable to be deducted towards cost of construction of the proposed building. This will leave a balance of Rs.8,000/- and it is to be adjusted as advance amount.

- The tenant however, did not put up any construction within one year as was agreed by him. Hence, on 20-12-2005 the respondent-lessor issued Ext.P-2 notice terminating the lease and required the tenant to deliver vacant possession. The tenant responded to it with his reply dated 27-01-2006 (marked Ext. P-3) in which he admitted to the breach of this term of the lease agreement.

Hence, the petition was laid for eviction of the tenant.

2.2. Disputing the respondent's right to seek eviction, in his counter the tenant raised the following contentions:

- That the property leased out to the tenant, the subject matter of the litigation is not a waqf property. Nowhere he has pleaded that it is a waqf property. The petitioner was to obtain necessary sanction from the Waqf Board for instituting the proceedings for eviction. Since the property is not waqf property, the Tribunal does not have any jurisdiction.

- Since the lease is for forty years, it is required to be registered, but in the instant case it was not registered. Secondly, if the respondent/lessor considered that the petitioner/tenant has breached the clause pertaining to the construction of the building then it ought to have terminated the lease within the period of three years from the date on which the breach had occasioned. The quit notice is not in accordance with the law. Indeed, the lessor has been receiving rent at Rs.750/- p.m without any objections.

An Ancillary Fact:

3. Before the Tribunal, the tenant had taken out an application in I.A.190 of 2008 challenging the jurisdiction of the Tribunal on the ground that the subject matter of the eviction proceedings is not a waqf property. This came to be dismissed by the Tribunal Vide its order dated 08-10-2010. This was challenged by the tenant before this Court in CRP(PD)(MD) 527 of 2011. Holding that the Waqf Tribunal had the jurisdiction to entertain the lis, this Court dismissed the CRP (PD)(MD) 527 of 2011 Vide its Order dated 08-06-2011. In particular, this court referred to the contention of the counsel of the lessor based on the allegation in the counter of the tenant raising a dispute as to the character of the property leased to him – whether it was a waqf property or not and proceeded to hold:

“5. Irrespective of the claim about the nature of the property whether the property is the wakf property or not, it has to be decided onl