The Wakf Tribunal has exclusive jurisdiction to decide all disputes, questions or other matters relating to a Wakf or Wakf property.

Siddhartha Chattopadhyay, J.

Learned Counsel appearing on behalf of the petitioner has filed affidavit of service which is taken on record. In spite of receiving the notice none appears on behalf of the opposite parties.

2. Heard the Learned Counsel appearing on behalf of the petitioners. According to him a suit has been filed bearing No. O.C. Suit No. 8 of 2013 before the Learned Civil Judge, Senior Division, Darjeeling wherein the plaintiff of that suit had prayed for a decree of declaration that the plaintiff is a lease-holder in possession of the suit property under the proforma defendant being the Darjeeling Municipality and that the defendant Nos. 1 to 3 are illegally trying to dispossess the plaintiff from the suit property. With this prayer the plaintiff was presented before the Learned Court below.

3. After appearing in that suit the Chief Executive Officer, Board of Wakf representing (Defendant Nos. 5 and 6 being the authorities of the Board of Wakf West Bengal) has filed an application under Orders 7 Rule 10 of the C.P.C. read with Section 151 of C.P.C. praying for return of plaint on the ground that in terms of Wakf Act 1995, the Civil Court has no jurisdiction to entertain such application.

4. Learned Civil Judge, Senior Division after hearing both sides had come to conclusion "so, considering all the facts and circumstances, I am of this view that the subject matter of this suit as it appears from the plaint averments, is not related with the management of the Wakf property or any dispute relating to Wakf property, rather it is instituted for a decree of declaration that the suit property is not a Wakf property and hence I think that if the prayer the defendant/petitioner is allowed invoking the Section 83 and 85 Wakf Act, it would simply pre-judge the suit against the plaintiff/opposite party."

5. Being aggrieved and dissatisfied with said impugned order the revisionist has come before this forum on the ground that the Learned Court below failed to construe the provision of Wakf Act in its proper perspective. According to him when a dispute has been raised regarding any property relating to Wakf in that case it should be decided by the Wakf tribunal itself and there is no jurisdiction of Civil Court to entertain such application. At the time of hearing, Learned Counsel agitated that the Learned Court below failed to construe Section 83(1) of the Wakf Act and Section 84 of the said Act. In the interest of effective adjudication and at the same time for academic discussion I want to quote the aforesaid Section 83(1) of the Wakf Act, 1995 which is as under. Section "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 or such Tribunals."

Section 84 of the Act states,

"84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision - Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a Wakf or Wakf property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable on the conclusion of the hearing of such matter give its decision in the writing and furnish a copy of such decision to each of the parties to the dispute."

6. On a plain reading of the aforesaid sections go to suggest that it is the only the Wakf Tribunal who can decide all disputes, questions or other matters relating to a Wakf or Wakf property. In the instant suit, the suit property belongs to Wakf and the said property was given to Darjeeling Municipality who in turn had given the lease to the petitioner. Section 83 and 84 of the said Act speak for the determination of any dispute, question, or other matters relating to Wakf or Wak