CHAMPA RANI Vs. DHANDEV SINGH

JUDGEMENT

(1.) IT is not disputed between the parties that the property in question is a wakf property. Dhandev Singh claimed that he is tenant of the property, which is a wakf property. In 1995 a lease was created in favour of the petitioner. Aggrieved against the same, Dhandev Singh in the year 1995, had instituted a civil suit seeking relief of permanent injunction. An application was filed by the petitioner before the civil Court in view of Section 85 of the Wakf Act 1995 (hereinafter referred to as, 'the Act') that suit be transferred to the Tribunal. Section 85 of the Act reads as under :

(2.) CIVIL Court accepted the application and the original plaint along with other relevant documents were returned to the plaintiff for instituting the same before the Tribunal. When the proceedings before the Tribunal were continuing on 5th October, 2007, following order was passed :

(3.) AGGRIEVED against the same, misc. application was filed by the defendant No. 4 and 5 for sending back the suit to the Tribunal. District Judge noticed the order passed by the Tribunal on 5th October, 2007 reproduced above and relying upon a Single Bench judgment of this Court, held that the provisions of the Wakf Act are prospective in nature and not retrospective. Therefore, the suit could not be transferred to the Tribunal.