Tribunal vs Tribunal Has Allowed The Said ...
2023 Latest Caselaw 990 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       12th APRIL, 2023

                CIVIL REVISION NO. 46 of 2023



Between:

Irfan alias jumma                               .....Revisionist

and

Uttarakhand Waqf Board and Another             .....Respondents


Counsel for the Revisionist     :    Mr. Bilal Ahmed,
                                     Advocate.

Counsel for the Respondent No. 1:    Mr. Ahrar Baig, Advocate
                                     holding brief of Mrs. Nishat
                                     Intezar, Advocate.

Counsel for the Respondent No. 2:     Mr. Siddhartha Singh,
                                      Advocate.


Hon'ble Alok Kumar Verma,J.

Present Revision has been filed under sub-section

(9) of Section 83 of the Waqf Act, 1995 against the

judgment dated 25.02.2023, passed by learned Waqf

Tribunal, Garhwal Mandal, Dehradun in Waqf Petition No. 31

of 2021, "Waqf Anjuman Masjid, Railway Station Jawalapur,

District Haridwar vs. Irfan alias Jumma" by which, learned

Tribunal has allowed the said Petition by passing an eviction

order against the revisionist in relation to the shop-in-

question and directed the revisionist to pay Rs. 11,806/- as

arrears of rent and mesne profit at the rate of Rs. 2,000/-

per month with effect from 29.12.2016 till the possession of

the shop-in-question is handed over to the respondent no. 2.

2. Heard Mr. Bilal Ahmed, learned counsel for the

revisionist, Mr. Ahrar Baig, learned counsel holding brief of

Mrs. Nishat Intezar, learned counsel for respondent no. 1

and Mr. Siddhartha Singh, learned counsel for respondent

no. 2.

3. Revisionist has filed a Miscellaneous Application

(IA No. 1 of 2023). The said application is taken on record.

By the said application, the revisionist has sought one year

period to vacate the shop-in-question.

4. Mr. Siddhartha Singh, Advocate, submitted that

time may be granted till 31.03.2024, as prayed by the

revisionist, to vacate the property-in-question on the

condition that the revisionist shall pay Rs. 3,000/- (Rupees

Three Thousand) per month as mesne profit with effect from

01.04.2023.

5. Mr. Bilal Ahmed, Advocate, submitted that the

revisionist undertakes to deposit/pay the entire decretal

amount within two months from today and the revisionist

shall pay mesne profit at the rate of Rs. 3,000/- per month

with effect from 01.04.2023 on or before 7th of each month.

Learned counsel for the revisionist submitted that revisionist

further undertakes that the revisionist shall not change the

nature of the shop-in-question.

6. Learned counsel for both the parties requested to

decide the present Revision on the said conditions.

7. Keeping in view the submissions of learned

counsel for parties, it is directed that the revisionist may not

be evicted from the shop-in-question till 31.03.2024.

Revisionist is directed to vacate the shop-in-question and

handover the vacant possession of the said shop to the

respondent no. 2 by 31.03.2024. In case of default in

payment or breach of any of the undertakings, as undertook

by the revisionist, revisionist will be liable to vacate the

shop-in-question even before 31.03.2024, but according to

law.

8. Subject to the aforesaid undertakings, and, with

the consent of learned counsel for the parties, present

Revision is disposed of accordingly.

__________________ ALOK KUMAR VERMA, J.

Dt: 12th April, 2023 Shiksha