An occupant of Wakf property without valid authority is an encroacher, justifying eviction under the Waqf Act.

JUDGMENT

Muralee Krishna, J.

The 1^st 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-1^st 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 2^nd 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 2^nd respondent filed a petition before the 1^st respondent, Chief Executive Officer of the Kerala State Wakf Board, stating that the appellant has kept the rent in arrears after December 2018, and he has been continuing in the shop room without any valid lease deed and without payment of rent.

3. After enquiry, the 1^st respondent came to a conclusion that the appellant is an encroacher in the Wakf property and therefore he filed W.O.A.No.118 of 2024 under section 54(3) of the Waqf Act, 1995, seeking an order to evict the appellant. 4. Before the Tribunal, the appellant filed a counter denying the averments in the application filed by the 1^st respondent. He disputed the identity of the property and further contended that he renovated the said shop room by spending a huge amount from his own hand. It is pleaded in the counter that the 2^nd respondent had filed a rent control petition before the Rent Control Court, Koothuparamabu, for eviction of the appellant, which was dismissed on 13.10.2021. The appellant had paid rent up to January 2019, and he had also paid an amount of Rs.37,500/- through the Rent Control Court, Koothuparamabu, during the pendency of the aforementioned rent control petition. According to the appellant, the 2^nd respondent was reluctant to receive the rent from him and therefore the rent from January

2019 fell in arrears.

5. Before the Tribunal, from the side of the 1^st respondent Chief Executive Officer, Exts.A1 to A3 documents were marked. No evidence was adduced from the side of the appellant as well as by the 2^nd respondent. After hearing both sides, by the impugned order dated 12.02.2025, the Tribunal allowed the W.O.A., directing the appellant to vacate the shop room within 45 days from the date of affixture of the order on the outer door or other conspicuous part of the Wakf property. Being aggrieved, the appellant is now before this Court with this MFA(Wakf).

6. Heard the learned counsel for the appellant-1^st respondent, the learned Standing Counsel for the Kerala State Wakf Board for the 1^st respondent/applicant Chief Executive Officer and the learned counsel for the 2^nd respondent.

7. We have carefully perused the impugned order of the Tribunal and appreciated the submissions made at the Bar to arrive at a finding as to whether there is any ground made out by the appellant to hold the impugned order of the Tribunal as illegal or perverse, which warrants interference in this appeal.

8. During the course of arguments, the learned counsel for the 2^nd respondent would submit that the present rate of rent of the shop room is Rs.2,310/-, and as on December 2025, the total rent in arrears would come to Rs.1,33,506/-.

9. The appellant also admits that the rent is in arrears from January 2019 onwards, though there may be a dispute pertaining to the rate of the present rent. It is also no