1. The 1st respondent in W.O.A.No.67 of 2023 on the file of the Waqf Tribunal, Kozhikode, has filed this Civil Revision Petition, invoking the provisions under sub-section (9) of Section 83 of the Waqf Act, 1995, challenging the order dated 01.08.2024 of the Tribunal in that original application, which was one filed by respondents 1 and 2 herein, invoking the provisions under sub-section (6) of Section 7 of the Waqf Act, claiming damages to the tune of Rs.5,07,160/- from the petitioner (1st respondent therein) for the period from 06.10.2021 till 31.12.2023, in respect of two shop rooms owned by the Waqf, namely, Edappal Chungam Juma Masjid and Mansa Ul Islam Madrassa Committee, which were taken on lease on a daily rent of Rs.150/- and 310/- respectively, for a period of 11 months, which expired on 31.08.2021 and 05.10.2021, respectively. In connection with the lease agreements, the petitioner-lessee paid Rs.30,000/- and Rs.50,000/-, respectively, towards the security deposit.

2. In W.O.A.No.67 of 2023, the 1st respondent-lessee filed counter affidavit opposing the claim of the applicant. The 2nd respondent State Waqf Boar filed a counter affidavit, supporting the claim of the applicant. After considering the rival contentions, the Tribunal, by the impugned order dated 01.08.2024, allowed W.O.A.No.67 of 2023. Paragraphs 9 to 11 and also the last paragraph of the said order read thus;

                  “9. The point: This application is filed for and on behalf of mutawalli of the waqf namely Edappal Chungam Juma Masjid and Mansa-Ul-Islam Madrassa Committee registered with the Waqf Board.

                  10. As per Section 7 (6) of the Waqf Act, 1995, 'the Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector.’ From the averments in the application, it is evident that the 1st respondent is an encroacher in the waqf property. The grievance of the applicants is that the 1st respondent had kept a huge amount as rent arrears. This application is filed to realise that amount with damages.

                  11. As per Rule 12(3) of Waqf Properties Lease Rules, 2014 as amended in the year 2020, 'if the lessee continues to occupy the premises after the expiration or earlier termination of the lease, the lessee shall, subject to final orders passed in any proceedings, pay double lease rent for the period of such unauthorised occupation. So, by the rules, it is very clear that the damages for unauthorised occupation can be calculated as double the lease rent payable. The 1st respondent herein is the overstaying tenant and hence he is liable to pay double lease rent for the period of such unauthorised occupation. As per Rule 137(2) of the Kerala State Waqf Rules, 2019, 'the Tribunal shall have powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector'. As the respondents have not seriously contested this application regarding arrears of rent, it is only to be considered that they are admitting the arrears of rent, as well as the amount of rent payable, as claimed in the application. If that be the case, the doubling of the arrears of rent as claimed by the applicants cannot be considered as unreasonable, having regard to the facts and circumstances of this application. Hence, it is concluded that the 1st respondent is liable to pay a total amount of Rs.7,63,360/- (Rupees seven lakh sixty three thousand three hundred and sixty only) (Rs.5,07,160/- + Rs.2,56,200/-) to the mutawalli committee, as calculated in this application. The point is found in favour of the applicants.

                  In the result, O.A. is allowed directing the 1st respondent to pay Rs.7,63,360/- (Rupees seven lakh sixty three thousand three hundred and sixty only) (Rs.5,07,160/- + Rs.2,56,200/-) in total within a month from the date of this order. In case of failure to pay the amount, 1st respondent is liable to pay a penal interest of 9% per annum from the date of the order till realisation. The amount payable by the 1st respondent can be realised as arrears of land revenue through the District Collector. The applicants are also entitled for costs of this application.

3. On 26.06.2025, when this Civil Revision Petition came up for admission, it was admitted on file and notice was ordered to respondents 1 and 2 by speed post, returnable within three weeks. The learned Standing Counsel for the State Waqf Board took notice for the 3rd respondent. In I.A.No.1 of 2024, a Division Bench of this Court granted an interim stay of the order dated 01.08.2024 of the Waqf Tribunal in W.O.A.No.67 of 2023, pending disposal of the Civil Revision Petition. The said interim order is still in force.

4. Heard the learned counsel for the petitioner-1st respondent, the learned counsel for respondents 1 and 2-applicants and also the learned Standing Counsel for the State Waqf Board for the 3rd respondent.

5. The issue that requires consideration in this Civil Revision Petition is as to whether any interference is warranted on the order dated 01.08.2024 of the Waqf Tribunal in W.O.A.No.67 of 2023.

6. The learned counsel for the petitioner-1st respondent would contend that while allowing W.O.A.No.67 of 2023, the Waqf Tribunal has not properly considered the legal and factual contentions raised by the petitioner-1st respondent. The learned counsel has also referred to various provisions in the Waqf Properties Lease Rules, 2014.

7. On the other hand, the learned counsel for respondents 1 and 2-applicants and also the learned Standing Counsel for the State Waqf Board for the 3rd respondent, would contend that the reasoning of the Waqf Tribunal in the impugned order dated 01.08.2024 is perfectly legal, which warrants no interference in this civil revision petition.

8. Clause (ee) of Section 3 of the Waqf Act define ‘encroacher’ to mean any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board. In the instant case, it is not in dispute that since the tenancy of the petitioner-1st respondent in respect of two shop rooms owned by the Waqf had already expired on 31.08.2021 and 05.10.2021, respectively, he is as an ‘encroacher’ as defined in clause (ee) of Section 3 of the Waqf Act, in respect of those shop rooms.

9. Rule 12 of the Waqf Properties Lease Rules, 2014, deals with payment and recovery of lease rent. As per sub-rule (1) of Rule 12, all amounts payable by the lessee to the lessor pursuant to the lease of waqf property shall be deemed to be lease rent and be recoverable as lease rent by the lessor who shall have all right against the lessee for default in any payment thereof. As per sub-rule (2) of Rule 12, lease rent shall be paid to the lessor without deduction or set-off, at the address of the lessor or to such other person or at such other address, as the lessor may from time to time, designate in writing. As per sub-rule (3) of Rule 12, if the lessee continues to occupy the premises after the expiration or earlier termination of the lease, the lessee shall, subject to final orders passed in any proceedings, pay double lease rent for the period of such unauthorised occupation.

10. In the instant case, as already noticed hereinbefore, the lease period in respect of the two shop rooms owned by the Waqf, which are in occupation of the petitioner-lessee expired on 31.08.2021 and 05.10.2021 respectively. Therefore, his occupation of those shop rooms, after the expiry of the lease period is as an encroacher, as defined in clause (ee) of Section 3 of the Waqf Act. For continued occupation of the two shop rooms, after the expiration of the lease, the petitioner-lessee is liable to pay double the lease rent for the period of such unauthorised occupation. Therefore, the Waqf Tribunal. Therefore, the Waqf Tribunal cannot be found fault with in directing the petitioner-lessee to pay an amount of Rs.7,63,316/- to the Waqf, together with interest at the rate of 9% per annum from the date of order, till realisation.

11. The learned counsel for the petitioner-lessee would submit that the security deposit in respect of the two shop rooms amounting to Rs.30,000/- and Rs.50,000/- respectively, which are with the Waqf has to be adjusted towards the liability of the lessee for a payment of lease rent under sub-rule (3) of Rule 12 of the Waqf Properties Lease Rules. On the above submission made by the learned counsel for the petitioner-lessee, the learned counsel for respondents 1 and 2 and also the learned Standing Counsel for the 3rd respondent State Waqf Board would point out the provisions under Rule 8 of the Lease Rules.

12. Rule 8 of the Waqf Properties Lease Rules deals with payment of security deposit, which reads thus;

                  “8. Payment of security deposit.- (1) Upon the execution of lease, the lessee shall make payment of a security deposit of the amount based on the period of lease, as under, namely: -

                  (i) one month lease rent on lease period of up to one year;

                  (ii) three months lease rent on lease period of more than one year and up to five years;

                  (iii) six months lease rent on lease period of more than five years and up to ten years; and

                  (iv) twelve months lease rent on lease period of more than ten years and up to thirty years.

                  (2) The security deposit received under sub-rule (1) shall be kept in fixed deposit in an account of the Waqf Board in a nationalised Bank and the Board may utilise the amount for development of waqf properties, with the sanction of not less than two-thirds of the members of the Board.

                  (3) The waqf property under lease shall be maintained by the lessee.

                  (4) The security deposit shall be refunded without any interest to the lessees within one month of handing over of vacant premises or land in good condition to the satisfaction of the Waqf Board after adjustment of dues or damages, if any, caused to the Waqf premises.

13. In view of the provisions under sub-rule (2) of Rule 8 of the Waqf Properties Lease Rules, the security deposit received under sub-rule (1) shall be kept in fixed deposit in an account of the Waqf Board in a nationalised Bank and the Board may utilise the amount for development of waqf properties, with the sanction of not less than two-thirds of the members of the Board. As per sub-rule (4) of Rule 8, the security deposit shall be refunded without any interest to the lessees within one month of handing over of vacant premises or land in good condition to the satisfaction of the Waqf Board after adjustment of dues or damages, if any, caused to the Waqf premises.

14. In view of the provisions under sub-rule (4) of Rule 8 of the Waqf Properties Lease Rules, the entitlement of the petitioner-lessee for refund of the security deposit without interest arises only within one month of handing over vacant premises to the Waqf in good condition, to the satisfaction of the Waqf, and after adjustment of dues or damages, if any, caused to that premises. In such circumstances, the petitioner-lessee is not entitled to claim adjustment of the security deposit in respect of the two shop rooms, towards his liability for a payment of lease rent under sub-rule (3) of Rule 12 of the Waqf Properties Lease Rules.

In the result, this civil revision petition fails and the same accordingly dismissed.