SANKARASUBBAN, J.

This second appeal has been referred to a Division Bench by Krishnan Unni, J. when contention was raised that as per Section 85 of the Wakf Act (hereinafter referred to as 'the Act') Civil Court is barred from considering any question in respect of any dispute, question or other matter relating to any wakf. The facts of the case are as follows :

The appeal arises out of O.S. No. 91 of 1984 on the file of the Additional Sub Court, Badagara. Plaintiff in this case is Jumayath Palli Dharas Committee. The suit was filed for declaration of title over the plaint schedule property and recovery of possession on the strength of title and for an injunction restraining the second defendant from demolishing the existing building situated there. The Jumath Palli and Khabarsthan belonged to Peedikayilakath tarwad of which first defendant is the present karanavan. It has been dedicated in wakf with karanavan as its mutawalli. Five members of the said tarwad executed a registered agreement on 13-2-1973 whereby they authorised the plaintiff-Committee to manage the wakf property. It appears, the first defendant executed another document, Ext. A3, on 2-5-1984 in favour of