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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
IRSHAD M – Appellant
Versus
CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD – Respondent
| Table of Content |
|---|
| 1. challenge to eviction based on rent arrears and lease validity. (Para 1 , 2 , 3 , 5) |
| 2. review of arguments regarding tenant's position. (Para 6 , 7 , 8) |
| 3. court's determination on encroachment and evictions. (Para 9) |
| 4. final ruling permitting evictions under conditions. (Para 10) |
JUDGMENT
Muralee Krishna, J.
The 1st respondent in W.O.A.No.118 of 2024 on the file of the Wakf Tribunal, Kozhikode (the ‘Tribunal’ for short), filed this MFA (Wakf) under Section 83 (9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act 1995 (‘Waqf Act’ for short), challenging the order dated 12.02.2025 passed by the Tribunal in that W.O.A.
2. The appellant-1st respondent is the tenant of the shop room bearing No.CP-VII-307 of Chittariparamb Panchayath situated in R.S. No.2/10 of Kannavam Village in Kannur district, being rented out to him by the 2nd respondent herein, who is the Secretary of Kannavam Jama-ath Palli Committee, which is a registered Wakf, for conducting a travel agency, on 16.06.2016 for a monthly rent of Rs.1500/-, for a period of six months. The rent was later enhanced to Rs.1650/- per month. The 2nd respondent filed a petition before the 1st re
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