Court No. - 4 Case :- WRIT - C No. - 33152 of 2010 Petitioner :- Jiyaul Haque Respondent :- Nooruddin Petitioner Counsel :- Sanjai Kumar Pandey,Pawan Kumar Srivastava Respondent Counsel :- H.P. Misra Hon'ble Krishna Murari,J.
Heard Sri Arvind Kumar Srivastava holding brief of Sri Sanjay Kumar
Pandey for the petitioner and Sri H.P. Mishra for the sole respondent.
JSCC Suit was filed by the plaintiffrespondent against the
defendantpetitioner for eviction and arrears of rent. During the
pendency of the proceeding, after issue was framed an application
under Order VII Rule 11 C.P.C. was filed by the defendantpetitioner
for rejection of the plaint on the ground that since the property was
Waqf property as such suit is barred under the provision of Waqf Act,
1995 and the court had no jurisdiction to entertain the suit.
The court below finding that it was a suit for ejectment and arrears of
rent between landlord and tenant and was maintainable before the
Judge, Small Causes Court Act and would not be barred under the
provision of Waqf Act, 1995, rejected the application.
Section 85 of the Waqf Act, 1995 creates a bar or jurisdiction of the
civil court only in respect of any dispute relating to any Waqf property
or any other matter which is required by or under the Act to be
determined by a Tribunal. A suit for eviction of a tenant in a Waqf
property cannot be said to be a dispute relating to any Waqf or Waqf
property to be determined by the Tribunal and as such, the
jurisdiction of the Judge, Small Causes Court to entertain the same
would not be barred.
In view of above, no illegality appears to have been committed by the
court below in rejecting the application.
The petition lacks merits and accordingly stands dismissed.
Order Date :- 8.7.2010
nd