The question that has come up for consideration in this case is whether lack of registration of defendant Society with the Wakf Board could be set up as a bar in a suit filed for enforcement of right against the wakf?

2. Plaintiffs instituted the suit for permanent prohibitory injunction against the defendant Society. Defendant Society raised a preliminary objection that the suit is not maintainable since the plaintiffs failed to produce certificate of registration of the defendant Society with the Wakf Board. The court below raised the following issue:

Whether the Wakf Board registration of the defendant wakf is necessary for the plaintiffs to file and maintain the suit filed against the defendant wakf and its muthawalli?

The court below dismissed the preliminary objection and held that the suit is maintainable and the lack of registration cannot be set up herein as a defence against the plaintiffs. Section 87 of the Wakf Act stipulates that 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 the said Act. The bar is only against institution of suit, appeal or other legal proceeding instituted on behalf of any wakf. Only if the wakf is registered under the Act then it can maintain suit for enforcement of any of its rights. Section 87 would not be a bar for enforcement of any of its rights. Since plaintiffs in this case has filed the suit for enforcement of rights against Muneerul Islam Sangham and its office bearers, lack of registration was set up by the defendants to non suit the plaintiff. I am of the view, such a contention cannot be accepted. Failure to register with the Wakf is not the concern of the plaintiffs. If such a contention is accepted that will give room for unregistered Wakf to mismanage their affairs and non registration could be set up as a shield to wriggle out of their misdeeds. I am therefore in agreement with the court below that lack of registration cannot be set up as a defence so as to non suit the plaintiffs. The revision petition is accordingly dismissed.