SHAMSHER SINGH @ SHER SINGH Vs. BAHI MOHEMMED

JUDGEMENT

(1.) APPLICATION filed by the defendant-petitioner before the learned Trial Court for returning the plaint of the plaintiff-respondent for its presentation before the proper Court was dismissed by learned Civil Judge (Jr. Division), Dasuya vide impugned order dated 3.8.2007, which order has been challenged by the petitioner by filing the present revision under Article 227 of the Constitution of India.

(2.) IN his suit filed before the learned trial Court, the plaintiff- respondent averred that the Wakf Board-defendant No. 3 was owner of the suit property and he was lessee under the Wakf Board. In his written statement, the defendant- petitioner admitted the fact that the Wakf Board was owner of the suit property but it was he who was its lessee in respect of the suit property.

(3.) LEARNED counsel for the defendant-petitioner has referred to Abdul Suban v. Syed Tharu Hussain, 2007 (1) RCR (Civil) 210 to contend that the suit filed by the plaintiff-respondent in respect of the Wakf property could not have been entertained by the civil Court in view of the specific bar contained in Section 85 of the Act and only the Wakf Tribunal was competent to entertain the suit and decide the same.