JAGDISH RAI Vs. MANOHAR LAL

JUDGEMENT

(1.) THE present revision petition has been filed challenging order dated 8.12.2005 vide which the learned Civil Judge (Jr. Division), Karnal has disposed of an application filed under Order VII Rule 11 CPC by the defendants, petitioner in this revision petition. The defendants had prayed by way of said application that under Section 83 of the Wakf Act, 1995 (hereinafter to be referred as, 'the Act') a Tribunal has been constituted to try and entertain all the matters relating to the Wakf properties by the State of Haryana by notification dated 25.9.2001. It was therefore prayed that since the controversy in the suit relates to the Wakf property, the proceedings before the Civil Court should be transferred to the Tribunal. The application has been rejected by the learned Civil Judge taking a view that notification dated 25.9.2001 would be prospective in nature and it would not apply to the present case since the suit was filed before the aforesaid date and the same could not be transferred.

(2.) BEFORE me learned counsel for the petitioner and the Wakf Board are agreed that the view taken by the trial Court is not correct. Once a Tribunal has been constituted under Section 83 of the Act which is vested with the powers to try all controversies relating to Wakf properties and the present case relates to a Wakf property, the proceedings in the present case should have been transferred to the Tribunal. Learned counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in Inacio Martins (Deceased through L.Rs) v. Narayan Hari Naik and others, 1994(1) RRR 536 (SC) : (1993)3 SCC 123 to contend that under similar circumstances the Court has taken the view and proper procedure to be followed would be the one as outlined in Order VII Rules 10 and 10-A of the Code of Civil Procedure. The relevant observations relied upon by the learned counsel in the aforementioned judgment are as hereunder :-

(3.) IN view of the aforesaid, the revision petition is allowed and order dated 8.12.2005 passed by the learned Civil Judge (Jr. Division), Karnal is set aside. The proceedings are ordered to be transferred to the Tribunal constituted under Section 83 of the Act. Petition allowed.