Telangana High Court
Hindustan Peroleum Corporation ... vs Mr. Quader Hussain Another on 22 November, 2022
Bench: P Naveen Rao, J Sreenivas Rao
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:
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
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
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
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
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
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
