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2004 Supreme(All) 1639

S.P.MEHROTRA
SABIR HUSSAIN – Appellant
Versus
ALLAHTALA OWNER WAQF ALAL-AULAD – Respondent


Advocates Appeared:
A.K.Roy, IQBAL AHMED,

S. P. MEHROTRA, J.

The present writ petition, under Article 226 of the Constitution of India, has been filed, inter-alia, praying for quashing the judgment and order dated 29th July, 2003 (Annexure 1 to the writ petition) passed by the learned Additional District Judge, Court No. 9, Moradabad (Revisional Court) and the judgment and order dated 21st March, 2003 (Annexure 2 to the writ petition) passed by the learned Judge, Small Cause Court, Moradabad.

2. The dispute relates to a shop, situate Kazi Shaukat Hussain Road, Rafatpura Faizganj, Moradabad, the details whereof are given in the plaint of the suit referred to hereinafter. The said shop has, hereinafter, been referred to as "the disputed shop".

3. It appears that the respondent No. 1 filed a suit against the petitioner for ejectment, arrears of rent, mesne profits etc. in respect of the disputed shop. It was, inter-alia, alleged in the said suit that the disputed shop was a part of the Waqf property; and that the said Waqf was registered in the office of U. P. Sunni Central Board of Waqf, Lucknow at Serial No. 140 Ex. 11; and that the petitioner did not pay rent with effect from 1-11-1996 despite demand; and that the responde








































































































































































































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