( 1. ) IN the writ petitions common question is involved with respect to interpretation of provision of Section 85 of the wakf Act, 1995 whether the suit filed by the wakf for ejectment of the tenant is maintainable before the Civil Court or such a dispute is to be adjudicated by Wakf Tribunal under the Wakf Act, 1995.

( 2. ) IT is not in dispute that plaintiff in each of the case is a Wakf and suit has been filed for ejectment of tenant from Wakf property.

( 3. ) IN WP No. 8313/06 initially Civil Suit n. 30-A/2004 was filed on 13-2-2003 which was dismissed by the Civil Court on the ground that it had no jurisdiction to try the suit. It was triable by Wakf Tribunal, Bhopal under the provision of Wakf Act, 1995. Plaintiff filed civil appeal against the decision rendered. The appeal was decided on 6-10-2005 by the II Addl. Sessions Judge, East Nimar (Khandwa) in which plaint was ordered to be returned for presentation before the Wakf tribunal. Judgment (P/2) was delivered. Accordingly the Civil Judge returned the plaint on 22-11 -2005 for presentation before the wakf Tribunal, Bhopal. However, the tribunal has held vide order (P/3) dated 7-3-2006 that jurisdiction lie with the Civil Court as such returned the plaint for presentation before the Civil Court. Against the plaint was presented by the plaintiff before the Civil court. It has been returned for presentation by the Civil Court before the Tribunal vide order (P/1) dt. 3-5-2006. Hence, the instant petition has been preferred. Prayer has been made to decide the question of jurisdiction of Civil Court/wakf Tribunal to try the eviction suit between the landlord Wakf and tenant.

( 4. ) FACTS are similar in WP No. 8296/06 and WP No. 8305/06: The Civil Court has held that it has no jurisdiction. Wakf air 2003 Kerala 84 air 2001 Madras 431 (Disting.)AIR 1997 MP 8 air 1988 SC 1883 : 1989 Cri LJ 1 air 1964 SC 322 air 1953 SC 83 air 1986 SC 1162 air 1969 SC 78 air 1968 SC 1450 tribunal has also held that it has no jurisdiction to try the suit.

( 5. ) W. P. No. 1829/08 has been preferred by the tenant Mohd. Iqbal in which order dt/-20-2-2007 passed by the II Civil Judge, class-I, East Nimar (Khandwa) in Civil Suit n0. 1o6-A/o6 has been assailed. The trial court has held vide order (P/2) dated 20-2-2007 that the Civil Court has the jurisdiction to decide the civil suit. Aggrieved thereby an appeal was preferred. Same has been dismissed as not maintainable vide order dt/-10-12-2007 by the District Judge East nimar, Khandwa. Consequently, the writ petition has been preferred.

( 6. ) SHRI Imtiaz Hussein, learned counsel appearing on behalf of the petitioner/wakf in WP No. 8296/06, WP 8305/06 and WP No. 8313/06 has submitted that the Tribunal as well as Civil Court have held that they do not have the jurisdiction. The plaintiff is not able to seek redressal either before the Civil court or before the Wakf Tribunal. He has submitted that Section 85 of the Wakf Act, 1985 ousts the jurisdiction of the Civil Court only with respect to the matters which are required by or under the Wakf Act to be determined by the Tribunal. He has submitted that the words dispute, question or other matter relating to any wakf, wakf property should be such which is required by or under the Wakf Act to be determined by the tribunal. Counsel has placed reliance on the single Bench decision of this Court in subhan Shah through LRs. Ramjan Khan and Ors. v. M. P. Wakf Board and Ors. , AIR 1997 mp 8 and Yashpal Lal Shiv Narain v. Allatala tala Malik Wakf Ajakhan Mus, AIR 2006 All 115. He has also referred to other decisions to be referred latter.

( 7. ) SHRI Vivek Rusia, learned counsel appearing on behalf of the tenant has also submitted that the Civil Court has the jurisdiction to try the suit on property interpretation of Section 85.

( 8. ) BEFORE dilating upon the submissions, we note that the Wakf Act, 1995 has been enacted to bring a new comprehensive Act with respect to Wakf matter incorporating the fe