SHEO PRASAD PANDEY Vs. BEGAM SAIDA IMAM

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 17.3.1992 passed by Second Subordinate Judge, Paiamau at Daltonganj in Title Suit No. 119 of 1986 whereby and whereunder he rejected the prayer of the petitioner that suit is not maintainable in view of provision contained under Section 55(C) of Wakf Act, 1954 .

(2.) It appears that the suit has been filed by the plaintiff-opposite party for declaration that the lease deed executed in favour of petitioners defendants are forged and not binding on the opposite party. It further appears that after receiving notice, petitioners appeared in the learned court below and filed an application under Section 55(C) stating therein that plaintiff-opposite party are Mutawali of the Wakf and the property in dispute is a Wakf property, therefore, as per Section 6A of the Wakf Act, 1984, only Tribunal has power to decide the said dispute. It is further submitted that as per Section 55(C) of Wakf Act, 1954 learned court below has no jurisdiction to entertain the present suit.

(3.) Learned court below, by impugned order rejected the aforesaid application, on the garound that suit has been filed for declaration that lease deed executed in favour of petitioners is forged and not binding upon the plaintiffs. Court below had further come to the conclusion that Tribunal constituted under Wakf Act has no power to determine and declare as to whether any instrument is forged or not. Accordingly, learned court below come to the conclusion that the suit is maintainable.