WAQF ALLAH TALA Vs. NAGAR PANCHAYAT, LALKUAN

JUDGEMENT

(1.) PLAINTIFF /petitioner has filed present petition assailing the order dated 23.8.2007, whereby learned Trial Court was pleased to hold that in view of Section 6/7 read with Section 85 of the Waqf Act, 1995, Civil Court has no jurisdiction to hear and decide the present case.

(2.) BRIEF facts of the present case, inter alia, are that plaintiff/petitioner filed O.S. No. 4 of 2004 in the Court of Civil Judge (Jr. Division), Haldani seeking permanent prohibitory injunction against the defendant/respondent, herein, restraining the defendant/respondent, herein in making any interference in the possession of the plaintiff/waqf, over the suit property directly or indirectly, by any means.

(3.) DEFENDANT /respondent, herein, filed written statement stating therein that property in question is a State property. It is further stated in paragraph no. 9 of the written statement that defendant has no knowledge as to whether property in question was ever registered as a waqf property in the list prepared under the provisions of Waqf Act. It is further stated that if property in question is registered as a waqf property, same is wrongly registered as a waqf property and entry in the list of waqf properties is illegal and void.