AMRITRASHI APARTMENT PVT LTD. Vs. JB RAYEES ALAM

JUDGEMENT

(1.) The second defendant in a suit for declaration and consequential reliefs has filed the instant application under Article 227 of the Constitution of India, challenging an order rejecting the petitioner's application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint. The suit was filed for the following reliefs:

(2.) The primary contention of the petitioner is that the suit was not maintainable before the Wakf tribunal, since it was not covered by Sections 6 and 7 of the Waqf Act, 1995 (hereinafter referred to as "the 1995 Act"). By placing reliance on the said sections, learned senior counsel argues that the suit ought to have been filed before a civil court. It is argued that Section 85 of the 1995 Act creates a bar of jurisdiction of civil courts only in respect of disputes, questions or other matters relating to any waqf property or other matter which is required by or under the Act to be determined by a tribunal. What is to be determined by a tribunal is, in turn, governed by the provisions of Sections 6 and 7 of the said Act.

(3.) It is further argued that the petitioner also took the objection in the court below that the suit was barred for non-compliance of notices as contemplated in Section 89 of the Waqf Act, Section 80 of the Code of Civil Procedure and Section 586 of the Kolkata Municipal Corporation Act.