AMIL HAKIMUDDIN Vs. ABBAS HUSAIN

JUDGEMENT

(1.) THIS is a revision by the defendants against the order by which their application under Order 7 Rule 11, CPC has been rejected.

(2.) THE plaintiffs have filed this suit in the Civil Court for declaration of their title on the lands bearing Khasra Nos. 114-115 area 1. 036 hectare and Khasra No. 117 area 1. 408 hectare at Sehore. They have also claimed the relief of permanent injunction for restraining the defendants from interfering with their possession on these lands. According to them Shafiq Hussain was the Bhumiswami of these lands and the plaintiffs are his heirs. These lands are not the Wakf property. Defendant No. 3 M. P. Wakf Board has also been impleaded as one of the defendants.

(3.) THE defendants have not filed their written statements. They have submitted an application under Order 7 Rule 11, CPC for rejection of the plaint on the ground that the Civil Court has no jurisdiction to decide this dispute and it can be decided only by Wakf Tribunal constituted under the Wakf Act, 1995. It is stated that there had been a survey by the Wakf Board after year 1961 and the suit lands have been recorded as "bohra Kabrastan' in the list of wakf properties and has been registered as such. It is further stated that there was survey in the year 1987 also and as per gazette notification of the State Government published on 25-8-1989 the suit lands have been notified as wakf property. Therefore, if there is any dispute on the point that the suit lands are the wakf property or not that can be decided by the Wakf Tribunal only and not by the Civil Court. Defendant No. 3 has submitted a separate application stating therein that according to Section 6 of the Wakf Act, 1995 the dispute can be decided only by the Wakf Tribunal constituted under this Act. It is said that the lands in dispute are registered as wakf property in the Register of Wakfs. In reply to these applications the plaintiffs have submitted that Shafiq Hasan who was the Bhumiswami of these lands never made their dedication as wakf and the present suit is within the jurisdiction of the Civil Court.