Akil Kureshi, J.—Learned Counsel for the petitioner referred to a decision of the Apex Court in the case of Board of Wakf, West Bengal vs. Anis Fatma Begum & Anr., in Civil Appeal No. 5297 of 2004 decided on 23.11.2010 to contend that civil court has no jurisdiction to entertain the suit. He further pointed out that in the case of Ramesh Gobindram v. Sugra Humayun Mirza Wakf, in Civil Appeal No. 1182 of 2006 decided on 1.09.2010, the property was admittedly of the Wakf in which certain persons were claiming tenancy rights in which background,the Apex Court held that civil court would decide the issue of tenancy, however, the case of Ramesh Govindram (Supra) was cited before the Apex Court in the case of Board of Wakf, West Bengal (Supra) in which the Apex Court held and observed as under:

“11. It may be mentioned that the Wakf Act, 1995 is a recent parliamentary statute which has constituted a special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in incr