JUDGMENT :- This is a defendant-tenant's appeal from a decree of his eviction from a piece of land. Admittedly, the land in dispute on which the defendant-tenant operated his oven, was below the parapet of a mosque and formed a part of the waqf property managed by the plaintiff Mutwalli. The defendant had taken a shop below the parapet of the mosque on rent from the Mutwalli of the mosque by an earlier executed rent note. On the south side of his shop there was an open piece of land in the form of a Kutcha platform 10" or 11" high from the road level and extended upto the western parapet wall of the mosque. The defendant-tenant by a separate rent note took this Chabutra on rent for the purpose of keeping an oven. The defendant-tenant fell in arrears and defaulted in payment of rent of the land. The Mutwalli of the mosque then sent a composite notice demanding arrears for four months, asking the defendant-tenant to pay the same within one month of the receipt of the notice and terminating the tenancy on the expiry of one month from the receipt thereof by the defendant.

It is alleged that the defendant did not comply with the notice of demand and did not vacate the premises. The Mutwa

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