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2011 Supreme(All) 1920

SHASHI KANT GUPTA
Abdul Qayyum – Appellant
Versus
Waqf No. 519 Estblished By H. N. Ali Khan and another – Respondent


Advocates:
Counsel for the Petitioner: M.A. Qadeer.

Hon'ble Shashi Kant Gupta,J.-The present writ petition has been filed against the judgement and order dated 6.5.2005 passed by the Additional District Judge , Court no. 17, Meerut in SCC Revision No. 121 of 2000(Annexure-10) upholding the order of the trial court dated 1.5.200 (Annexure -7) whereby the suit No. 224 of 1995 filed by the plaintiffs for arrears of rent and ejectment was decreed in their favour.

2. The petitioner is a tenant of the premises in dispute which is situated in Mohalla Bhatipura Edgah, Baghpat Gate, Meerut. A suit, being suit no. 224 of 1995, for arrears of rent and ejectment was filed by the landlord respondents against the defendant petitioner. As per plaint averments suit property is waqf property founded by late Hazi Nadir Ali Khan and Hazi Mohd. Ishaq which was managed by Mutwallis Hazi Nadir Ali Khan and Nasir Ali Saleem. The father of the petitioner Mr. Abdul Qaiyum, who was a tenant of the premises in dispute at the rate of Rs. 5/- per month, committed default in paying rent from April, 1995, hence a registered notice dated 25.7.1995 under Section 106 of Transfer of Property Act (in short 'T. P. Act') on behalf of the plaintiffs was served upon the d




















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