MANISH AGRAWAL Vs. WAQF ZAMA MASJID INTZAMIYA COMMITTEE

JUDGEMENT

(1.) The applicants/defendants have filed this Civil Revision under Sec. 115 of Code of Civil Procedure challenging the order dtd. 28/7/2021 passed by First Additional Judge to the Court of First Civil Judge, Class-II, Morena (M.P.) in Civil Suit No.160-A of 2020 whereby their application under Order 7 Rule 11 CPC has been rejected by the learned Trial Court.

(2.) For convenience the applicants are referred as 'defendants' and respondent no.1 is referred as 'plaintiff' in this order.

(3.) The facts which are not in dispute are that the plaintiff has filed a suit for eviction against the defendants in the court of First Additional Judge to the Court of First Civil Judge, Class-II, Morena (in short 'Civil Court'). The property in question is a Waqf Property is also not in dispute between the parties. On being summoned, the defendants appeared and filed the present application under Order 7 Rule 11 CPC praying for rejection of the plaint on the ground that since the property in question is a Waqf Property, the Civil Suit before the Civil Court is not maintainable and the remedy to the plaintiff lies before the Waqf Tribunal constituted under the provisions of Waqf Act, 1995 (in short 'Act'). The plaintiff opposed the prayer and prayed for rejection of the application.