IMPORTANT POINT
Civil courts lack jurisdiction over waqf property disputes, which must be resolved by the Waqf Tribunal as per the Waqf Act, 1995.

JUDGMENT :

Md. Shabbar Rashidi, J.

1. The instant Revisional Application is directed against order No. 30 dated July 18, 2016 passed by learned 4th Civil Judge (Junior Division), Burdwan in Title Suit No. 96 of 2013.

2. By the impugned order, the learned trial court rejected the application filed by the revisionist/defendant seeking rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure.

3. The Opposite parties as plaintiffs, filed a Suit being Title Suit No.96 of 2013 against the revisionists/defendants, for declaration his right and title over specifically demarcated 16 ½ decimals out of 96 decimals in plot No. 163 appertaining to LR Khatian No. 76/1, 324/3, 270/1, 231 etc.

4. According to the case made out in the plaint, the plaintiffs/opposite parties purchased 16 ½ decimals in the suit plot from the legal heirs of its erstwhile owners namely Khaleda Bibi @ Maleka Bibi, Abdul Majid and Amna Bibi. After such purchase, the opposite parties got the suit properties recorded in the LR record of rights and have possessed the same by paying rent thereof. They also installed a mill over the suit plot and acquired electric connection, trade licence in respect of such mill. The plaintiffs/opposite parties also alleged that the opposite parties claiming the suit properties to be owned by ‘Pir’ denied the title of the plaintiffs/opposite parties. They also erected bamboo poles creating obstructions in the peaceful enjoyment of the suit properties by the plaintiffs/opposite parties. Hence the Title Suit.

5. The revisionists enter appearance in the suit and took out an application under Order VII Rule 11 of the Code of Civil Procedure seeking rejection of the plaint of the plaintiff/opposite parties on the score that the suit was barred in a civil court in terms of the provisions of Section 85 of the Waqf Act, 1995.

6. It was the case of the petitioners that the suit plot originally belonged to Moulabi Talkai, Kazi Ismail, Kazi Abdul Ohab and Amina Bibi. Their names were duly recorded in the CS record of rights. It was further case of the petitioners that while in possession, the aforesaid owners dedicated the suit properties to ‘Allah’ abdicating all their secular rights over the suit properties. The aforesaid owners also applied before the Commissioner of Waqf, West Bengal under the Waqf Act, 1934. After observing all formalities, the suit properties along with some other properties were recorded as Waqf properties in the name of Pir Gangal Shah Ismile Waqf Estate under EC Nos. 5172, 5475 and 5292.

7. The petitioners also submitted in the petition that as there was no specific provision for appointment of successive Mutawallis, the Board of Waqf appointed a Mutawalli Committee for the management of the Waqf properties. The petitioners/defendants were the members of such Mutawalli Committee and were performing their duties as such. The name of aforesaid Waqf Estate was also recorded in the LR record of rights.

8. By taking out the petition, the petitioners/defendants submitted that since, the suit properties were Waqf properties, in terms of Section 85 of the Waqf Act, 1995, civil courts have no jurisdiction to entertain a suit concerning waqf, waqf properties or other matters which is required under the provisions of Waqf Act, 1995, to be determined by the Waqf Tribunal. Hence, by taking out a petition under Order VII Rule 11 of the Code of Civil Procedure, the petitioners approached the learned trial court for rejection of the plaint in Title Suit No. 96 of 2013.

9. The opposite parties/ plaintiffs contested the said application by filing written objection thereto. They denied that the suit properties ever formed part of Waqf properties. However, the opposite parties/ plaintiffs admitted in their written objection that 29 decimals in the suit plot was recorded in the name of Pir Ismail. It was also recorded in the Waqf register. It was specifically stated that the remaining 67 decimals of the suit plot continued to be secul