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2016 Supreme(All) 3472

SUNITA AGARWAL
Habib Miya – Appellant
Versus
Waqf Vilayati Begum – Respondent


Advocates Appeared:
For the Petitioner:- Tawvab Ahmed Khan, Advocate.

JUDGMENT

Mrs. Sunita Agarwal, J. –

By means of the present petition, the petitioner seeks for quashing of the order dated 16.03.2016 passed by the Revisional Court whereby the revision preferred by the petitioner against the order dated 21.12.2012 passed by J.S.C.C. Court in S.C.C Execution Case no. 10 of 1998 is rejected with the cost of Rs. 10,000/- payable to the decree holder by depositing the said amount in the Waqf account within 15 days.

2. The present petitioner who is heir of the judgment debtor/tenant namely Late. Mohd. Saddiq filed an objection before the Executing Court in Execution Case no. 10 of 1998 with the contention that under a new contract of tenancy with the current Mutawalli, appointed by the Waqf Board, he had again entered into said property which admittedly belongs to the Waqf. The submission is that the objections raised by him were required to be decided by the Executing Court but it had wrongly proceeded to issue Parwana Dakhal by order dated 21.12.2012 without adjudication of the objections of the petitioner to resist his dispossession. Submission is that the petitioner is in possession of the suit property as tenant and therefore, he has a right to resist




















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