MD.MOINUDDIN Vs. MD.MUSTAFA

JUDGEMENT

(1.) HEARD Mr. Najmul Hoda, learned counsel for the petitioner.

(2.) This civil revision application is directed against an order dated 2.5.2008 passed by the Addl. District Judge, F.T.C. - VI, Saharsa in Title Appeal No. 65/2006, whereby and whereunder an interlocutory application filed by the defendant -appellant in Title Appeal No. 65/2006 for holding the appeal to be no longer maintainable before the civil court and its being transferred to Wakf Tribunal has been rejected.

(3.) THE undisputed facts are that the plaintiff -respondent -opposite party had filed Title Suit No. 4/1990 on 29.1.1990 for a declaration that the survey entry in the name of the defendant - appellant -petitioner in regard to the suit land was incorrect and hence inoperative and consequently a declaration be made with regard to title of the plaintiff -opposite party followed by a conse - quential relief for recovery of possession. The basis for such relief put forward by the plaintiff -opposite party was that the suit property was not a Wakf property and defendant no.3, the appellant -petitioner, was not its Mutawalli. It is not in dispute that the said Title Suit No. 4/1990 was heard alongwith another Title Suit No. 28/1996 pertaining to the same property and both of thern were disposed of by a common judgment dated 5.5.2000 passed by the Sub -Judge -IV, Saharsa decreeing the suit in favour of the plaintiff -opposite party.