The main legal principle established is that the jurisdiction of civil courts is ousted in disputes related to Wakf properties, and such matters must be determined exclusively by the Wakf Tribunal.

1. These Civil Revision Petition are filed against the order dated 9.4.2011 made in IA.No.37/2011 in WOP.No.1/2010 by the learned Principal Subordinate Judge (Wakf Tribunal), Tiruchirappalli, allowing the rejection petition in WOP.No.1/2010 and consequently striking off the same from the file of the Wakf Tribunal.

2. The Petitioner/Inamdhar Pallivasal Wakf represented by its Muthawali filed the suit against the Respondent herein in WOP.No.1/2010 for permanent injunction restraining the Respondent from interfering with the possession of the Petitioner in the schedule mentioned property either by way of trespass or otherwise in any manner whatsoever. The Respondent in the said suit has filed an application under Order 7 Rule 11(d) of CPC to reject the main WOP.No.1/2010 and in consequence thereof to strike of the same from the file of the Wakf Tribunal. The same has been allowed by the Tribunal and aggrieved against the same, the Petitioner has preferred these Civil Revision Petitions.

3. In the said application, it has been stated by the Respondent that there was a rental agreement between the erstwhile Muthavalli and the Respondent's father and after him, the Respondent and his brothers were in possession and enjoyment of a portion of the petition mentioned property as a tenant from the year 1986, by running a petty shop. It is further stated that after the demise of erstwhile Muthawali, the Petitioner who was appointed as Muthawali, concealed the entire fact of tenancy and with an evil motive has filed this WOP before the Wakf Tribunal. It is stated that the relationship between the Respondent and the Petitioner Wakf is that of landlord and tenant and the same would not come under the purview of Wakf Act. The Petitioner Wakf seeking a relief of injunction is only to safeguard the wakf properties and therefore, it is an ordinary civil dispute and such a dispute should be decided only by a competent regular civil court.

4. The Revision Petitioner resisted the said application contending inter alia that there is neither rental agreement nor any right of tenancy between the Respondent and the Petitioner Wakf and the Respondent is not in possession of the property. It has been pointed out that in the counter filed by the Respondent in the application for interim injunction, the Respondent has stated that the property leased out to the Respondent was acquired and taken over by the National Highways Authority of India and that he had put up a small petty shop on the southern road margin of Kulathur-Villivadi road and that he has nothing to do with the petition Wakf property. It has been further contended that all matters relating to any Wakf have to be decided only by the Wakf Tribunal and not by a Civil Court.

5. I have heard Ms. N. Krishnaveni, the learned counsel for the Petitioner and Mr.A.Syed Abuthakar, the learned counsel for the Respondent and perused the records.

6. Section 85 of the Wakf Act runs thus:-

"Section 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."

7. Since a full-fledged forum for the determination of disputes arising out of the Wakf Act, 1995 has been provided under Sections 83 to 95, the jurisdiction of the civil courts to try any suit or legal proceedings in respect of any dispute relating to any Wakf has been barred. Section 85 of the Wakf Act incorporates the same and bar of jurisdiction of civil court is contemplated under Section 85 of the Wakf Act, 1995 in respect of Wakf property. The question as to whether the suit property is a wakf property or not relates to the jurisdiction of the Wakf Tribunal and it has to be determined only by the Wakf Tribunal. Under Section 83 of the Wakf Act, the Wakf Tribunal is constituted to determine any dispute, question or other