lease, lessor and lessee as have been given under T. P. Act. Rule 26 of Waqf Properties Lease Rules, 2014 provides that the lease shall be for the benefit and be binding upon the heirs of the lessee and thus, the whole argument that lease hold right is not heritable is contrary to the provisions of Rule 26 of the Waqf Properties Lease Rules, 2014. Learned counsel for the petitioner further submits that so far as provisions of natural justice is concerned, the proceeding before C.E.O. and learned Waqf Tribunal were undisputedly exparte and in the interest of justice, both the orders are fit to be set aside on the ground of being exparte without due service of notice on the petitioner and being violation of provisions of natural justice and interest of justice requires that the petitioner should be given opportunity to defend the case and prove his own case inasmuch as regarding the service of notices aspect, there are contradictory finding in both the orders. At one place in the 5th paragraph of annexure 2, it is claimed that notice was served and then a reminder notice was given which is contradictory in itself as once notice was served, there was no need to issue reminder notice. In the 7th paragraph of annexure 2 at running page 18, it is claimed that notices issued were refused by the opposite party and as such, the service of notice was presumed to be valid service of notice.
