Irfan Alias jumma vs Uttarakhand Waqf Board And Another

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.

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.

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.

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.

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.

Learned counsel for both the parties requested to decide the present Revision on the said conditions.

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.

Subject to the aforesaid undertakings, and, with the consent of learned counsel for the parties, present Revision is disposed of accordingly.