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ig The Tribunal held that, the Mutawalli has statutory right to institute suit in interest of the Waqf. Tribunal, with reference to the pleadings of the defendants that all heirs of Thakubai were not joined as party, found that the defendants have not led evidence as to which of the heirs of deceased Thakubai had been left out. The Tribunal observed that the defendants don't dispute the fact that the property is of the Masjid and is a Waqf. The registered lease dated 20.12.1944 (Exhibit 16) was for period of five years and expired on 19.12.1949. The Tribunal observed that, there was nothing to show that the lease was extended by any subsequent deed. Rather it was found that the remarks of Revenue Officer on 7/12 extract (Exhibits 59 and 62) show that since the land belongs to Trust, the tenant had no right to purchase under the Statute, was recorded. The Tribunal further discussed the evidence that, on the death of Bhima, in 2005-2006 the name of Thakubai was recorded in cultivation column (Exhibit 59), but in Civil Revision Application No.229/2012 2008-2009 names of defendants were not recorded even in cultivation column. Tribunal held that the tenancy of the land of religious trust was not heritable. The Tribunal found that, even assuming that the tenancy devolved on Thakubai and so the suit was filed against her regarding tenancy right, the same would not devolve on the defendants on her death. The Tribunal observed that, it was not the case of defendant that after the death of their mother the trustees accepted any rent from them. It was thus held that the tenancy was not heritable and defendant cannot claim hereditary rights.