( 1 ) THE Civil Revision Petition is filed against the order in I. A. No. 985 of 1997 in O. S. No. 469 of 1997 passed by the Principal District Munsif, Nandyal. The plaintiff is the petitioner.

( 2 ) THE plaintiff filed a suit for permanent injunction restraining thedefendants from interfering with the construction of shops in the mosque premises. Pending disposal of the suit, the petitioner filed I. A. No. 985 of 1997 for temporary injunction. The defendants filed a counter-affidavit opposing the petition for temporary injunction on the following grounds: (1) That the Civil Judge has no jurisdiction as the matter relates to Wakf property, and (2) That the prayer-hall gets reduced if shops are allowed to be constructed in the mosque premises.

( 3 ) THE learned District Munsif, Nandyal held that in view of Section 83 of the Wakf Act, 1995 (for short the Act ), the Civil Courts have no jurisdiction to entertain the matters relating to wakf property. Aggrieved by the same, the present CRP is filed under Article 227 of the Constitution of India.

( 4 ) THE question to be considered in mis Revision Petition is whether the civil Courts have no jurisdiction to entertain the suit on the facts of the present case. Admittedly, it is a suit filed for injunction restraining the defendants from interfering with the construction of shops in the mosque premises. Section 3 (r) of the Act defines wakf as a permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable. Section 6 of the Act provides for disputes regarding Wakfs and it reads as follows:"disputes regarding Wa,kfs: (1) If any question arises whether a particular property specified as Wakf Property in the list of Wakfs is Wakf property or not or whether a Wakf specified in such list is a Shia Wakf or Sunni wakf, the Board or the Mutawall of the Wakf or any person interested therein may institute a suit in Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final". Section 7 of the Act provides for the power of the Tribunal to determine disputes regarding Wakfs and it reads as under:"7. Power of Tribunal to determine disputes regarding Wakfs: (1) If, after the commencement of this Act, any question arises, whether a particular property specified as Wakf Property in a list of Wakfs is Wakf property or not, or whether a Wakf specified in such list is a Shia Wakf or a Sunni Wakf, the Board or the Mutawalli of the Wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final. "section 83 of the Act provides for constitution of Tribunals, etc. , the relevant part of which reads as under:"83. Constitution of Tribunals, etc. : (1) The State Government shall by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a Wakf or Wakf Property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunal. "the other provisions are not relevant for the purpose of deciding the present crp.

( 5 ) SECTION 6 of the Act makes it clear that if any question arises whether a particular property specified as Wakf Property in the list of Wakfs is Wakf property or not, then a suit should be instituted in the Tribunal constituted under Section 83 of the Act. In other words if there is a dispute as to the nature of the property namely whether it is a wakf property or not or whether it is Shia or Sunni Wakf, then such dispute shall be resolved by the Tribunal constituted under me Act. If there is no dispute as to the nature of the property i. e. , whether it is wakf or whether it is Shia or Sunni Wakf then the Tribunal has no jurisdiction to deal wit