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2005 Supreme(All) 2502

S.U.KHAN
CHHOTEY LAL DIXIT – Appellant
Versus
1st A. D. J. , KANPUR – Respondent


Advocates:
Counsel :
Vijaya Prakash, M.R. Jaiswal and D.V. Jaiswal for the Petitioner; M.A. Qadeer, Q.V. Ahmed, S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—This writ petition arises out of eviction/release proceedings initiated by landlord-respondent No. 3 which is described as “Intzamiya Committee Wakf Masjid Peer Bux Kanpur through its President” against original petitioner-tenant Chhotelal Dixit, since deceased and survived by legal representatives. The release application was filed under Section 21 of U.P. Act No. 13 of 1972 and was registered as Rent Case No. 626 of 1977 on the file of Prescribed Authority/First Additional Civil Judge, Kanpur. Petitioner was tenant in one room in the shape of Hall on the ground floor on monthly rent of Rupees 6 and paisa 25. On the first floor Masjid Peer Bux is situate. According to para 3 of the release application the mosque is Wakf Al Al Khair (charitable Wakf). In para 3 it is mentioned that it is public charitable trust. (Mere description is not conclusive). In the release application it was further stated that in order to fulfil the objects of the Wakf premises in dispute was required i.e. for making arrangement for imparting muslim religious education. Prescribed Authority through judgment and order dated 3.5.1982 allowed the release application. Against the


















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