BALKAR SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) Instant revision has been filed for setting aside the order dated 30.10.2004 passed by the learned Tribunal, Wakf Act, Patiala, whereby application moved by the petitioner-defendant under Order 7 Rules 10 and 11 read with Section 151 of the Code of Civil Procedure (in short "the CPC") for return/rejection of plaint, has been dismissed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are that the respondent Punjab Wakf Board filed a suit for possession of land comprised in khewat/khatoni No.277/455 khasra No.97 min (46-5) situated in village Chauhat, Tehsil Samana, District Patiala, against the petitioner in the Court of Additional Civil Judge (Senior Division), Samana. Petitioner/defendant appeared before the civil court on 07.01.2002 and filed his written statement dated 06.02.2002 on 18.02.2002 inter alia taking a preliminary objection that the civil court had no jurisdiction to try the suit. Respondent filed replication dated 07.03.2002. On 09.06.2004 civil court sent the suit to the learned District Judge, Patiala, for transfer of suit to the Tribunal constituted under the Wakf Act, 1995. After receipt of the reference, learned District Judge, Patiala, vide order dated 27.07.2004 entrusted the case to the Court of First Additional District Judge, Patiala, who was presiding over the Tribunal constituted under the Wakf Act. On 17.09.2004 petitioner/defendant moved an application under Order 7 Rules 10 and 11 read with Section 151 CPC for rejection of the plaint. The said application of the petitioner has been dismissed by the learned Tribunal vide impugned order dated 30.10.2004. Hence, the present revision.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner vehemently contended that learned District Judge has exercised a jurisdiction not vested in him by law rather the jurisdiction has been exercised illegally and with material irregularity. Learned District Judge has not been conferred with any power to transfer a civil suit filed for determination of any dispute etc. falling within the ambit of the Wakf Act, 1995 either under Notification dated 23.10.2001 or under the Code of Civil Procedure. Learned counsel for the petitioner further contended that the learned Tribunal has fallen in error while passing the impugned order. If the finding of learned Tribunal that civil court has got a jurisdiction to entertain and try the present suit, is accepted then the Tribunal was not competent to decide the suit. In support of his contentions, the learned counsel relied upon judgments rendered by the Hon'ble Supreme Court of India in Ramesh Gobindram (dead) through LRs v. Sugra Humayun Mirza Wakf, 2010 AIR(SC) 2897 and Board of Wakf, West Bengal v. Anis Fatma Begum and another, 2011 2 MadLJ 219.