HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE J. SREENIVAS RAO
CITY CIVIL COURT APPEAL No.93 of 2016
Date:22.11.2022
Between:
Hindustan Peroleum Corporation Ltd
Rep by its Chief Regional Manager
Regional Office at 130/1 Sarojini Devi
Street Post Box No 5 Secunderabad
Pin Code No 500003
.....Appellant
And
MR QUADER HUSSAIN S/o Late Haji Gulam
Hussain Saheb Occ Builder Muttawalli of
MasjideHussaini its Property R/o H No 621
Lakdikapul Hyderabad Deccan & another.
.....Respondents
The Court made the following:
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HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J. SREENIVAS RAO CITY CIVIL COURT APPEAL No.93 of 2016 ORAL ORDER : (Per Hon'ble Sri Justice P.Naveen Rao) Heard learned counsel Sri B.Mayur Reddy for appellant, learned counsel Sri P.Raja Sripathi Rao for respondent No.1, and learned counsel Sri Abu Akram for respondent No.2.
2. The property in issue bears Municipal No. 6-2-1 (Old) / 6-2-2 (New), situated at Lakdikapul, Hyderabad, admeasuring 1103.70 Square Yards. The respondent No.1 herein is Muttawalli of Masjid-e-Hussaini. The father of respondent No.1 being the owner of the said property, agreed to part with the property as WAQF ALALAWLAD for the purpose of completion of construction work of Hussaini Masjid situated at Lakdikapul Cross Roads, Hyderabad. He executed a waqf deed making an endowment (Waqf) with the terms and conditions as stipulated in the waqf deed. The main purpose for execution of said waqf deed appears to be to enable the completion of construction work of Hussaini Masjid and the same was accordingly constructed. Later, the said property was leased to appellant herein for establishment of petroleum retail outlet. The said lease was granted on -3- 01.03.1965 with an initial lease amount of Rs.500/- per month and the same was said to be enhanced from time to time. The lease term expired on 01.03.1985. It appears that lease was renewed for another ten (10) years with effect from 01.03.1985. On 27.06.1994 notice of termination of lease was given which led to present litigation.
3. The respondent No.1 herein filed O.S.No.181 of 1998 before the I Additional Judge, City Civil Court, Hyderabad. On formation of Waqf Tribunal, O.S.No.181 of 1998 was transferred to the Waqf Tribunal where the suit was renumbered as O.S.No.94 of 2000. The Waqf Tribunal passed an Award on 10.03.2005. The said Award was challenged in C.R.P.No.2198 of 2005. This Court remanded the matter for fresh consideration of the suit by setting aside the Award dated 10.03.2005.
4. In O.S.No.94 of 2000 plaintiff filed I.A.No.189 of 2012 under Order VII Rule 10 read with Section 151 of CPC, praying the Waqf Tribunal to return the plaint to be presented before the competent civil Court. Accordingly, by order dated 11.06.2012 the Waqf Tribunal granted relief as prayed for. Thereupon, the plaint was represented before the Chief Judge, City Civil Court, Hyderabad. On 14.09.2012 the case was taken on file and was assigned number O.S.No.671 of 2012. The trial Court passed judgment and -4- decree against defendant and several reliefs were granted by the trial Court. Aggrieved by the decree and judgment passed by the trial Court, this appeal is preferred.
5. During the pendency of this appeal, the parties have agreed to amicably resolve the dispute. Accordingly, on 19.11.2022 the terms of compromise were drafted between the parties. As per the compromise arrived at, the appellant has agreed to pay Rs.1,80,000/- per month as lease amount to respondent No.1 ; the fresh lease would commence from 01.11.2022 ; the lease amount shall be enhanced at the rate of 10% on expiry of every five (5) years period ; the appellant has also agreed to pay an advance rent for twelve months and also the registration charges. However, the Court is informed that sofar, no formal agreement is signed by the parties as the appellant has to complete certain formalities.
6. The terms of compromise that were drafted on 19.11.2022 are enclosed to the affidavit filed in support of I.A.No.2 of 2022. The said affidavit is deposed by Sri Yatendra Pal Singh - Chief Regional Manager-Retail, Hindustan Petroleum Corporation Limited.
7. Learned counsel representing respective parties have agreed for disposal of the appeal by taking note of the terms of -5- compromise recorded between the parties. The respondent No.1 is also present in the Court.
8. We are happy that the long pending dispute dating back to the year 1998 is now resolved amicably and the litigation is put to end.
9. The terms of compromise drafted on 19.11.2022 read as under:
"A) The 1st Respondent herein hereby
extends the period of lease of
Petitioner/Appellant herein in respect of Appeal Schedule Property for further period of 10 years, with effect from the date of entering into Agreement and the said agreement shall be entered by both the parties i.e., 1st Respondent herein and Petitioner/Appellant herein within a period of Six (6) Months from today.
B) The Petitioner/Appellant shall pay the lease rents from November, 2022 directly to the Respondent No.1 herein. The Respondent No.2 is having no objection for payment of rents by the Petitioner/Appellant to the Respondent No.1 directly. The Respondent No.1 herein shall comply the terms and conditions of Waqf Deed dated 04.02.1967 more specifically contribution of -6- 7% of Waqf Fund on 50% of rental income to the Respondent No.2.
C) That, the Respondent no.1 herein and Petitioner/Appellant herein agree that the monthly rent payable by the Petitioner/Appellant is Rs.1,80,000/- (Exclusive of GST and TDS) per month and there shall be enhancement in the rents on the expiry of every third (3) year @ 15% on the preceding month rent.
10. Having regard to the terms of compromise extracted above, the City Civil Court Appeal is disposed of. However, it is open to respondent No.1 to approach the Waqf Board to receive the money already deposited by respondent No.1 with the Waqf Board.
Miscellaneous petitions, pending if any, shall stand closed.
______________________ P. NAVEEN RAO, J _______________________ J. SREENIVAS RAO, J Date: 22.11.2022 PT -7- THE HON'BLE SRI JUSTICE P.NAVEEN RAO AND THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CITY CIVIL COURT APPEAL No. 93 OF 2016 Date: 22.11.2022 PT