( 1 ) THIS revision petition is filed under Section 115 of the Code of Civil procedure against the order of the iii Additional District Judge (FTC), Nirmal dated 18-11-2002 in A. S. No. 50 of 2002 confirming the order of the Junior Civil judge, Bhainsa dated 31-1-2001 passed in o. S. No. 82 of 1997 ordering return of the plaint on the ground that the Civil court has no jurisdiction to entertain the suit relating to a dispute of wakf property and that the Wakf Tribunal has the jurisdiction to entertain the same.

( 2 ) THE petitioner is the plaintiff in O. S. No. 82 of 1997. He filed the suit for perpetual injunction restraining the respondents from interfering with his possession and enjoyment of a graveyard situated in S. No. 330/2 admeasuring 28 guntas. According to the plaintiff, the suit land was originally a part of bigger extent belonging to his paternal grandfather Sri Abdullah Khan. The said abdullah Khan donated one acre land towards a Mosque. Some extent was acquired for location of Bus Station and the remaining land is the suit land reserved for the family burial ground. His ancestors were buried in the suit land and it has been notified as a wakf throug