IMAM ASKARI Vs. BIBI AZBUNNISSA ALIAS BIBI AZIBUN

JUDGEMENT

(1.) THIS case has been running on the daily cause list for several days, but when the case was called out on 25.6.2004, no one appeared on behalf of the O.Ps., although, name of their learned counsel has been printed in the list.. Hence, opportunity was given to them and the case was ordered to be passed over for the day. However, when the case is called out today, the learned counsel for the O.Ps. is again absent, hence, this case is decided after hearing the learned counsel for the petitioner who is present today also.

(2.) PARTITION Suit No. 290/1998, out of which this civil revision has arisen, was filed by the plaintiff for partition of his legal share in the suit property. But during the pendency of the suit, Defendant Nos. 1, 3 and 4 filed a petition dated 13.6.2002 stating that the Wakf Act of 1995. had come into force much before filing of the suit and hence, according to Sections 83 and 84 of the said Act the Civil court had no jurisdiction to hear the case and any dispute with respect to Wakf property can be raised only before a Tribunal constituted by the State Government.

(3.) THE learned counsel for the petitioner submitted that, although, a Notifica tion for constituting a Tribunal has been issued, but no Tribunal is functioning not any Tribunal is hearing the disputes with respect to the Wakf properties. He further contended that, although, rules have been framed, but no regulation for the conduct of the proceeding before the Tribunal has yet been framed and in the absence of the aforesaid legal requirements the Tribunal is not functioning. He further contended that in the above mentioned circumstances, the petitioner had no remedy left but to move the Civil court for redressal of his grievances. He further contended that the Bihar State Shia Wakf Board has already appeared in the suit and is contesting the suit by filing written statement which is Annexure -4 to the civil revision petition.