Karnataka High Court
Haji Ebrahim Sait Wakf, Chennai vs M/S. Mogra Trading Company Limited, ... on 12 January, 1998
Equivalent citations: ILR1998KAR1028, 1998(3)KARLJ269, 1998 A I H C 3411, (1998) 3 KANT LJ 269, (1998) 2 RENCJ 560, (1998) 2 RENCR 68
Author: M.B. Vishwanath
Bench: M.B. Vishwanath
ORDER
1. Heard the learned Counsel for the petitioner and the learned Government Pleader, who takes notice on the directions of the Court for respondent 2.
2. In this petition the order dated 16-12-1996 passed by the Rent and Accommodation Controller, East Range, Bangalore, in Case No. HRC(E) FR. 6 of 1995 rejecting the contention of the petitioner that the premises in question belongs to a Wakf Board called Haji Ebrahim Sait Wakf and so the provisions of the H.R.C. Act were not applicable, has been challenged.
3. Respondent 1-M/s. Mogra Trading Company Limited, which has been a tenant of a portion of I Floor of premises No. 98, Ebrahim Residency Road, Civil Station, Bangalore, under the present petitioner Haji Ebrahim Sait Wakf, filed a petition for fixation of fair rent.
4. The present petitioner pleaded that it was a wakf property and so the provisions of the Karnataka Rent Control Act were not applicable.
5. The plea of the present petitioner was rejected on the ground that the petitioner had not produced any document to show that it was the property managed by the Wakf Board.
6. Section 2(7)(bb)(iv) of the Karnataka Rent Control Act, as it stood prior to Karnataka Rent Control (Amendment) Act, 1994, said: "Nothing in this Act shall apply to a wakf under the management of the Karnataka Board of Wakfs". As per the Karnataka Rent Control (Amendment) Act, 1994 (Act 32 of 1994) the words "under the management of the State Government" have been omitted.
7. This means that nothing in the Act (Karnataka Rent Control Act, 1961) shall apply to a wakf, any wakf. The petitioner has produced a zerox copy of the wakf deed which shows that the premises in question is a wakf property. Respondent 1-itself, which filed the petition for fixation of fair rent, has described the petitioner as Haji Ebrahim Sait Wakf.
8. From the interpretation of Section 2(7)(bb)(iv), it is clear that the application of the provisions of the K.R.C. Act does not apply to any wakf. It should borne in mind that the petition for fixation of fair rent has been filed on 28-5-1995, after the amendment referred to above has come into force.
9. For the aforesaid reasons the writ petition is allowed and the impugned order passed by the Rent Controller on 16-12-1996 is quashed.
The Government Pleader is permitted to file memo of appearance within 4 weeks.