BIHAR STATE SUNNI WAQF BOARD Vs. ABDUL RAUF

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) These ten civil revision applications have been filed by the Bihar State Sunni Wakf Board (hereinafter referred to as the "Wakf Board?) assailing the orders passed in the eviction suits filed by the plaintiff-opposite parties against the defendant-tenants-opposite parties by which the court below has decided to continue with the hearing of the suit rejecting the objection of the petitioner challenging the jurisdiction of the court to entertain the suit.

(3.) The facts are not much in dispute and it would suffice to notice that the plaintiff-opposite parties filed ten eviction suits against the defendant-tenants opposite parties seeking their eviction on ground of default and personal necessity. The defendant-tenants appeared and contested the claim of the plaintiff and also raised objection to the maintainability of the suit. The defendant-tenants initially filed a petition under Section 32 of the Bihar Building (Lease Rent and Eviction) Control Act and Section 151 read with Order XIV Rule 2 C. P. C. raising the objection that as the suit property was a Wakf Property, the eviction suits were not maintainable. The said objection was rejected and thereafter the rejection order was challenged by filing ten civil revision applications before this Court. By order dated 30.09.1999 and dated 03.04.2000, this Court disposed of the civil revision applications upholding the order of the court below to decide the issue of maintainability of the suit in view of the provision of Section 32 of the B. B. C. Act along with other issues at the stage of trial. However, the liberty was given to the defendanttenants to pray before the court below for issue of notice of the suit in terms of section 90 of the Wakf Board Act 1995 (hereinafter referred to as the "Act?), without expressing opinion on merit.