AJOY KUMAR MUKHERJEE
Commissioner of Wakfs, West Bengal – Appellant
Versus
Syed Amirul Islam – Respondent
JUDGMENT :
1. Being aggrieved by the order no. 144 dated 18.12.2019 passed by the learned Civil Judge (Junior Division), 2nd Court, Arambagh in title suit no. 120 of 1995, the present revisional application has been preferred.
2. The petitioner instituted the above-mentioned suit on 25th October, 1995 before the learned Civil Judge (Junior Division), 2nd Court, Arambagh for declaration and other consequential reliefs. On 13th August, 2019, the Chief Executive Officer, Board of Wakf, West Bengal preferred an application before the said court praying inter alia withdrawal of the suit with liberty to institute the same before the appropriate forum. Upon contested hearing, learned Civil Judge (Junior Division), 2nd Court, Arambagh by the impugned order was pleased to reject the same.
3. Learned counsel for the petitioner submits that it would be germane to mention that before the introduction of Wakf Act of 1995 which came into effect on 1st January, 1996 wakf property in West Bengal was governed under the Bengal Wakf Act 1934 wherein there was post of Commissioner of Wakfs which was later changed to Chief Executive Officer by the operation of the Wakf Act, 1995. Hence the Chief Executive
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