( 1 ) THE plaintiff/appellant challenges in this appeal the original order dated July 27, 1974, passed by the learned Judge, 9th Bench, City Civil Court at Calcutta in Title Suit No. 702 of 1971 whereby the learned Judge directed return of the plaint to the filing lawyer on a finding that he had not the territorial jurisdiction to try the suit.

( 2 ) PLAINTIFF's case as made in the plaint shortly is that there exists a wakf estate known as Hazrat Molla Ali Shah Darga enrolled in the Office of the Commissioner of Wakfs, West Bengal, which is a private wakf or Wakf-al-al-Aulad. The wakf property comprises a mosque and certain immovable properties admittedly situate not within the territorial limits of the City Civil Court at Calcutta. The plaintiff claimed that she had 8 as, distinct share in the wakf property and was a co-mutwali with one Roohul Amin, father of defendants 1 to 3. Roohul Amin by a registered deed surrendered and transferred his beneficial interest in the aforesaid wakf property for valuable consideration in favour of the husband of the plaintiff Mahaboob Alam. Similarly, defendant No. 4 transferred and surrendered his beneficial interest and share i