JUDGMENT :

(Ajoy Kumar Mukherjee, J.) :

1. This application has been directed against order dated 25th July, 2018 passed by learned Waqf Tribunal, West Bengal in Suit No. 33 of 2015, whereby learned Tribunal has allowed defendants’ application filed under order VII rule 11 of the Code of Civil Procedure, seeking rejection of plaint.

2. Petitioner/plaintiff’s case is that the suit property is a Waqf property duly registered with the Board of Waqf, West Bengal under E.C. No. 4637 and is known as “Amjed Ali Waqf Estate”. Father of defendant no.1 was a monthly tenant in respect of the land measuring about 7 cottah 14 chittacks with partial structure standing therein, which is a part and parcel of the aforesaid waqf estate. After the death of his father opposite party herein/defendant no.1 occupied the said premises.

3. Petitioner’s further case is that defendant no.1 in violation of the waqf laws has made major additional alternation, changing the nature and character of the waqf estate and has converted the waqf property for his own unlawful commercial use and it is further alleged that defendant has sublet a major portion of the waqf estate in favour of unauthorized occupants.

4. The