Absence of Renewed Lease Deed Renders Occupant an Encroacher Entitling Waqf to Recovery of Possession

The Applicant (Revisionist) occupied premises belonging to the Respondent Waqf Trust in Jamnagar, originally rented to Vohra Mulla Ibrahim Diwan

Following the original tenant's death, the Applicant continued possession without executing a fresh lease deed or obtaining permission from the Waqf Board, paying a nominal monthly rent until March 31, 2020

The Administrative Officer of the Waqf issued a notice requesting proof of legal occupancy, which the Applicant failed to provide

The Waqf Trust filed suits for eviction and recovery of market rent/mesne profits

The Gujarat State Wakf Tribunal allowed the suits on April 5, 2022, ordering vacant possession and payment of arrears and future rent

The Applicant challenged these orders via Civil Revision Applications under Section 83(9) of the Wakf Act

Whether the possession of the demised premises by the Revisionists, following the death of the original tenant and in the absence of a renewed lease deed, constitutes illegal occupation/encroachment under the Wakf Act

Whether the impugned judgment by the Tribunal was passed by an insufficient coram

The court primarily applied Section 3(ee) of the Wakf Act, 1995, which defines an "encroacher" as any person occupying waqf property without authority of law, including those whose tenancy or lease has expired

It further applied the Waqf Property Lease Rules, 2014, which mandate that a rent note must be renewed annually with an enhancement of rent and expressly prohibit automatic renewal

The court also exercised its revisional jurisdiction under Section 83(9) of the Wakf Act read with Section 115 of the Code of Civil Procedure, 1908

The court found that upon the death of the original tenant, the Revisionists failed to execute a fresh lease deed or rent note as mandated by the Waqf Property Lease Rules, 2014

Under these Rules, the failure to renew the lease annually results in the automatic discontinuation of the tenancy; since auto-renewal is not permitted, the Revisionists' continued stay was "completely in derogation of the Rules"

Consequently, the court categorized the Revisionists as "encroachers" under Section 3(ee) of the Wakf Act, 1995, as they occupied the property without legal authority

Regarding the procedural challenge, the court noted that the Applicant failed to appear or present evidence before the Tribunal

Furthermore, the court rejected the "insufficient coram" argument, noting that the order was signed by a full bench consisting of the President and two Members

Emotional pleas regarding the physical disability of the Revisionists were found insufficient to override the legal requirements of the Waqf Act

The court held that the Revisionists were encroachers because their right to possession terminated upon the expiry of the lease and failure to renew it under the 2014 Rules

The interim relief previously granted was vacated, and the Registry was directed to return the Record and Proceedings to the lower court