RAJENDRA KUMAR SHARMA Vs. RAKESH

JUDGEMENT

(1.) ADMIT.

(2.) HEARD the learned counsel for the parties.

(3.) THE plaintiffs-respondents filed a suit for eviction and recovery of arrears of rent in respect of rented property against defendants-petitioners in the trial Court. The defendants filed their written statement, wherein they raised number of objections including the objection relating to denial of title of the plaintiffs in respect of disputed property. The trial Court framed seven issues. Thereafter both the parties led their evidence on the issues framed in the case and case was fixed for final arguments. The learned counsel for the defendants raised a preliminary objection in the trial Court about maintainability of the present suit in Civil court in view of specific bar of jurisdiction of civil Court as contained in Section 85 of the Wakf Act, 1995. It was contended that owner of the disputed property is Muslim wakf Board and not the plaintiffs, therefore, this being a matter relating to Wakf property, the civil suit is barred under Section 85 of the Wakf Act.