DELHI WAKF BOARD Vs. DEVINDER KUMAR SHARMA

JUDGEMENT

(1.) The present Second Appeal arises out of the judgment dated February 12, 1996 passed by Senior Civil Judge, Delhi by which the Order of the Trial Judge dated April 20, 1995 was set aside and the matter was remanded to the Trial Court for affording opportunity to the parties to lead evidence to decide the case including the plea of bar to the suit under Section 56 of the Wakf Act. The respondent/plaintiff filed a suit for permanent injunction against the appellant/defendant with a prayer that the defendant/appellant be restrained from taking forcible possession of the property as referred to in the plaint. The Trial Judge framed the preliminary issue relating to the bar of jurisdiction under Section 56 of the Wakf Act "Whether the suit of the plaintiff is maintainable in the present form ?"

(2.) Section 56 of the Wakf Act reads as under :-

(3.) The Trial Court held that the suit against the defendant was not maintainable without expiration of two months' notice as required by the above provision.