MUMTAZ BEGUM Vs. MASJID AMIR ALI CHOBDAR

JUDGEMENT

(1.) The revisional application has been filed challenging an order dated February 3, 2020, passed by the learned Civil Judge (Junior Division), 5th Court at Alipore in Ejectment Suit No. 7295 of 2011. The learned court rejected the application challenging the maintainability of the suit which was filed by the petitioners at the stage of arguments.

(2.) The learned advocate for the petitioners submits that Sec. 83(1) of the Waqf Act, 1995 (hereinafter referred to as the said Act) clearly empowered the waqf tribunal to decide the issues with regard to eviction of a tenant and determination of the rights and obligations of the lessors and the lessees in respect of a waqf property. It is further submitted that Sec. 83(2) had empowered the mutawalli of a waqf property to approach the tribunal for any relief relating to a waqf. According to Mr. Banerjee, learned advocate for the petitioners, a conjoint reading of Sub-Ss. (1) and (2) of Sec. 83 would indicate that all matters relating to a waqf property would be determined by the waqf tribunal. Pointing out to the questions for determination in Sub-Sec. (1) Mr. Banerjee submits that even prior to the amendment in 2013, 'disputes', 'questions' or 'other matters' relating to a waqf property or a waqf, were amenable to the jurisdiction of the tribunal. Further Mr. Banerjee referred to the provisions of Sec. 85 of the said Act in support of his contention that the jurisdiction of the civil court, was barred.

(3.) According to Mr. Banerjee, the expression 'other matters' would include within its ambit a dispute between the mutawalli and the tenant, giving rise to a suit for eviction of a tenant from a waqf property.