( 1 ) THE petitioner is facing a suit filed by respondent Wakf Board before the Wakf tribunal. He filed an application seeking dismissal of the suit on the ground that the tribunal has no jurisdiction to try the suit. The Tribunal has dismissed the application. Hence this revision. The only ground agitated before this Court is that the tribunal has no jurisdiction to try the suit which has been filed before it.

( 2 ) IT is submitted that the petitioner-Society has purchased the land in Survey no. 18/1 and 18/2 measuring Ac. 9. 11 guntas from the owners by sale deeds in the year 1981. The petitioner-Society had obtained the layout from the competent authorities for making the plots and the plots have been transferred in the names of the members of the society and 71 members have purchased the land and they are in possession of the said plots. Some of them have constructed houses and compound walls have also been erected. The respondent-Board filed a suit being O. S. No. 87/99 claiming 2000 Sq. yards of the suit land. This suit is for perpetual injunction. The suit was based on a Muntakab dated 18th January, 1951. They claim that the land has been under the control of the plaintiffs and they have leased it out to one mr. Khumeer Pasha on 12-8-999. It was contended in the suit that the petitioner- society was interfering in the possession of the property. The Tribunal passed an interim order of stay which was challenged in a revision petition and the High Court has already remanded back the matter to the Tribunal for passing appropriate orders on merits.

( 3 ) THE jurisdiction of the Tribunal is challenged on the ground that Section 4 of the Wakf Act requires preliminary survey of Wakfs and publication of a list, no such survey was conducted and the property in question has not been published in terms of section 5 as Wakf property, it has not also been registered at the Office of the Wakf board under Section 36 of the Act. There is a bar created under Section 87 of the Act for enforcement of rights on behalf of unregistered wakfs.

( 4 ) THE learned Counsel appearing for respondents submitted that the matter involves only the legal questions, therefore he was also heard although no counter is filed. The petitioners claim that suit property was their land purchased by them through sale deeds from legitimate owners whereas the Wakf Board contends that it was a Wakf property. The admitted position is that no survey has been conducted under Section 4 of the Act and no notification has been issued under section 5 of the Wakf Act. Now, the only question to be considered by this Court is, whether the disputes with regard to property which is not notified under section 5 or registered under Section 36 of the Wakf Act, 1995 can be entertained by the Tribunal. Section 4 of the Act lays down:"4. Preliminary survey of Wakfs: (1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey commissioner of Wakfs and as many additional or Assistant Survey commissioners of Wakfs as may be necessary for the purpose of making a survey of Wakfs existing in the State at the date of the commencement of this act. " (2) All Additional and Assistant survey Commissioners of Wakfs, shall perform their functions under this Act under the general supervision and control of the Survey Commissioner of wakfs. (3) The Survey Commissioner shall, after making such inquiry as he may consider necessary submit his report, in respect of Wakfs existing at the date of the commencement of this Act in the State or any part thereof, to the state Government containing the following particulars, namely:- (A) to (f ). . . . . . . . (4 ). . . . . . . . (5 ). . . . . . . . (6 ). . . . . . . . Section 5 of the Act lays down:"5. Publication of list of Wakfs: (1) On receipt of a report under subsection (3) of Section 4; the State government shall forward a copy of the same to the Board. (2) The Board shall examine the report forwa