ABDUL RAHMAN Vs. MOHAMED SYED

JUDGEMENT

(1.) The defendant in the original suit O.S. No. 72/2013 on the file of the Court of Principal District Judge, Cuddalore, is the petitioner in the present civil revision petition. The above said suit was filed by the respondent herein against the petitioner herein for:

(2.) The revision petitioner/defendant filed an application under Order VII Rule 11 CPC praying for the rejection of the plaint on the ground that the Civil Court has no jurisdiction and the respondent/plaintiff should have approached the Competent Authority under the Wakf Act, 1995, as there is a bar for entertaining a civil suit in a Civil Court. The said application was resisted by the respondent herein/plaintiff, based on the contention that the revision petitioner/defendant, being a trespasser, filed the said application for rejection of the plaint in order to drag on the proceedings and squat on the Trust property as long as possible and that there is no provision of law barring such a suit in a civil court and that therefore, the petition seeking rejection of the plaint should be dismissed as not maintainable.

(3.) The learned trial Judge, after hearing both sides, by an order dated 17.07.2014, sustained the objection raised by the respondent herein/plaintiff, rejected the contention of the revision petitioner herein/defendant and dismissed the said application I.A. No. 102/2014 filed under Order VII Rule 11 CPC. The said order is challenged in the present revision.