TANNO @ TANVIR BANO Vs. ASGAR KHAN & ANR

JUDGEMENT

(1.) This civil revision has been filed by the petitioner being aggrieved by the order dated 28.8.2012 passed by the Court of 3rd Civil Judge, Class II, Morena, whereby an application under Order 7 Rule 11 moved by the defendant has been rejected.

(2.) Vide the aforesaid application, an objection was taken by the defendant that in terms of the provisions contained in Section 85 of the Wakf Act, 1995 (in short "the Act"), the suit filed by the plaintiffs is not maintainable, and therefore, it should be dismissed.

(3.) It is not in dispute that the suit has been filed in relation to Sabri Masjid (mosque) seeking relief in the form of declaration and permanent injunction and this suit was filed on 6.3.2012. Defendant/petitioner had filed a document dated 15.5.2012 showing registration of Almomeneen Masjid Subhash Nagar, Morena, being declared as a wakf property and on the strength of this document, it was alleged that the suit was hit by the provisions contained in Section 85 of the Act.