SOHAIL AZAM Vs. MOHAMMED ATIQ-UR-REHMAN

JUDGEMENT

(1.) The civil revision application is admitted and heard finally with the consent of learned counsel for both sides.

(2.) The Civil Revision Application has been filed by Sohail Azam, original defendant No.1 in Regular Civil Suit No.103/2013 (I will refer him as defendant). The Regular Civil Suit has been filed in the Court of Civil Judge, Senior Division, Biloli by respondent No.1 (hereinafter referred to as "plaintiff" ). It is a suit for declaration of subsistence of lease and perpetual injunction. Plaintiff sought temporary injunction vide application Exhibit 6 and defendant opposed the application vide reply Exhibit 29, and raised an objection to the jurisdiction of the Court on the ground that the dispute raised by the plaintiff is triable before the Waqf Tribunal in accordance with the provisions of The Waqf Act, 1995 and so the jurisdiction of the Civil Court was excluded. Other defendants earlier arrayed and in the suit as defendants- the Wakf Board and Wakf Officer, were deleted and now Collector, Nanded and Taluka Inspector of Land Records, Degloor remain as defendant Nos.2 and 3 respectively. The trial Court heard the rival submissions and came to the conclusion that the scheme of the Waqf Act does not oust the jurisdiction of the Civil Court to try and entertain the suit of present nature.

(3.) As question of jurisdiction of the Civil Court to entertain the suit has been raised, the contents of the plaint are material. Perusal of the plaint in brief shows that plaintiff claimed that the defendant is Mutawalli Inamdar of Dargah Murtuza Shah Wali, situated at Degloor. Defendant entered into lease deed of Block No.17, admeasuring 2 Hectors 80 R, land situated at Bagan Takli, Taluka Degloor in favour of the plaintiff by lease deed dated 29.6.1998 for a period of 99 years against amount of Rs.70,000=00. There were some disputes in respect of the open site and defendant succeeded in taking possession of the suit area, but was in financial problems. Defendant constructed some R.C.C. rooms and executed lease deed styled as 'agreement' on 29.6.1998 about those rooms and suit land Gat No.17, admeasuring 2 Hectors 80 R. Defendant had agreed to bring the required permission from Waqf Board. Plaintiff received possession of the suit land Block No.17 of Bagan Takli and was in possession since execution of the agreement of lease. Plaint contends that, proceeding to regularize and grant of "Bhadepatta" was started by plaintiff before the Waqf Board.