WAKF IMAMBARA IMLIPURA Vs. KHURSHEEDA BI

JUDGEMENT

(1.) IN the writ petitions common question is involved with respect to interpretation of provision of Section 85 of the wakf Act, 1995 whether the suit filed by the wakf for ejectment of the tenant is maintainable before the Civil Court or such a dispute is to be adjudicated by Wakf Tribunal under the Wakf Act, 1995.

(2.) IT is not in dispute that plaintiff in each of the case is a Wakf and suit has been filed for ejectment of tenant from Wakf property.

(3.) IN WP No. 8313/06 initially Civil Suit n. 30-A/2004 was filed on 13-2-2003 which was dismissed by the Civil Court on the ground that it had no jurisdiction to try the suit. It was triable by Wakf Tribunal, Bhopal under the provision of Wakf Act, 1995. Plaintiff filed civil appeal against the decision rendered. The appeal was decided on 6-10-2005 by the II Addl. Sessions Judge, East Nimar (Khandwa) in which plaint was ordered to be returned for presentation before the Wakf tribunal. Judgment (P/2) was delivered. Accordingly the Civil Judge returned the plaint on 22-11 -2005 for presentation before the wakf Tribunal, Bhopal. However, the tribunal has held vide order (P/3) dated 7-3-2006 that jurisdiction lie with the Civil Court as such returned the plaint for presentation before the Civil Court. Against the plaint was presented by the plaintiff before the Civil court. It has been returned for presentation by the Civil Court before the Tribunal vide order (P/1) dt. 3-5-2006. Hence, the instant petition has been preferred. Prayer has been made to decide the question of jurisdiction of Civil Court/wakf Tribunal to try the eviction suit between the landlord Wakf and tenant.