Kurian Joseph, J.

Whether a suit or other legal proceedings can be maintained on behalf of an unregistered Wakf for enforcement of any of its rights before the Wakf Tribunal, is the crucial question arising for consideration in this case. Petitioner is the plaintiff in W.O.S.18/07 on the file of the Wakf Tribunal, Ernakulam. The defendants are the respondents herein. The suit is one for permanent prohibitory injunction. Petitioner is the Chairman of a Trust managing Madeena Mazjid, Pullepady. One Abdul Sathar Moulavi was appointed by the Muthavalli as Imam and Khathib of the Mosque as per the Wakf deed. However, the first respondent organization and the second respondent claimed that the second respondent is the Imam and Khathib of the Mosque, as usually nominated by the first respondent organization. On their attempt to interfere with the control and management of the affairs of the Mosque the suit was filed. Along with the suit, I.A.74/07 was filed for temporary injunction. The suit and the application were contested by the respondents. The application was disposed of by the order under revision dated 14.5.2007 of the Wakf Tribunal holding that the suit itself is not maintainable, in view of the bar under Section 87 of the Wakf Act, 1995, since the Wakf is not registered with the Wakf Board under Section 36 of the Wakf Act. Consequently, the application was also held to be not maintainable. However, partial relief was granted in favour of the second respondent to continue as the Imam of the Mosque till the disposal of the suit. It is the main contention of the revision petitioner that the suit is one filed by the mutawalli of Madeena Mazjid and the same is maintainable under Section 83(2) of the Wakf Act, 1995. It is also contended that the bar provided under Section 87 of the Act will not apply for maintaining a suit before the Wakf Tribunal since the same is applicable only to the civil court.

2. In order to appreciate the contentions taken by the parties, it is necessary to refer to three relevant portions, (i) Section 83 (1) and (2), (ii) Section 85 and (iii), Section 87 of the Wakf Act, which read as follows:-

"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 or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals.

(2) Any mutawalli, person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made there under, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf."

"85. Bar of jurisdiction of civil courts:- No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal."

87. Bar to the enforcement of right on behalf of unregistered wakfs:-

(1) Notwithstanding anything contained in any other law for the time being in force, no suit, appeal or other legal proceeding for the enforcement of any right on behalf of any wakf which has not been registered in accordance with the provisions of this Act, shall be instituted or commenced or heard, tried or decided by any court after the commencement of this Act, or where any such suit, appeal or other legal proceeding had been instituted or commenced before such commencement, no such suit, appeal or other legal proceeding shall be continued, heard, tried or decided by any court after such commencement unless such wakf has been registered, in accordance with the provisions of this Act.

(2) The provisions of sub-sectio