Hon'ble Prakash Krishna, J.

A portion consisting of two rooms one store, bathroom, latrine and kitchen etc. on the first floor of a building bearing Municipal No.16/14 known as Muslim Yateem Khana situate in prime locality of Kanpur city is the subject matter of the present petition. The petitioner as tenant came in occupation of the aforesaid two rooms accommodation in pursuance of an allotment order dated 28.12.1985 in her favour. It was allotted on her application on a presumptive rent of Rs.17.50. The petitioner having failed to pay the rent, thus, committed default in its payment in spite of notice of demand and termination of tenancy, is facing eviction order passed by the two Courts below concurrently in a duly constituted suit being SCC suit No.185 of 2002. The said suit after contest has been decreed for recovery of arrears of rent, damages and eviction by the judgment and decree passed by the trial Court on 17th of November, 2004 confirmed in SCC revision no.86 of 2004 by the Additional District Judge on 4.2.2009.

The decree for eviction has been passed principally on the two grounds that (i) the property in dispute is Waqf property to which the provisions of U.P