- (1.) Leave granted.
(2.) The question that needs determination in the present appeal is as to whether Civil Court lacks the jurisdiction to entertain the suit filed by the respondent herein or the subject matter of the suit lies within the exclusive jurisdiction of the Tribunal constituted under the Rajasthan Wakf Act, 1995 (hereinafter to be referred as the 'Act'), having regard to the provisions of Section 85 of the Act. Though the suit was filed by the Respondent in the Civil Court, it is on the application of the Respondent itself stating that the suit was not maintainable in view of the bar contained in Section 85 of the Act, the Civil Court returned the plaint accepting the said contention of the Respondent. The Petitioners herein, who were the Defendants in the suit, challenged the order of the Civil Court by filing Revision Petition under Section 115 of the Code of Civil Procedure in the High Court of Judicature for Rajasthan, at Jodhpur. The said Revision Petition is also dismissed by the impugned orders. It is how the present proceedings arise, questioning the validity of the orders of the High Court.
(3.) The facts around which the controversy is involved do not require big canvass and are re-capitulated herein below: The property in dispute which is the subject matter of litigation, is situated in the town of Nagaur in the State of Rajasthan and is in the possession of the petitioners herein. Respondent No. 1 is the Rajasthan Board of Muslim Wakf and Respondent No. 2 is the Muslim Board Committee. Both the Respondents claimed that the subject property is the Wakf Property. These Respondents, filed the Civil Suit in the year 1980 for possession of the said property as well as for rendition of accounts against the petitioners herein claiming it to be a wakf property. On coming to know, after filing of the suit, that one trustee Mr. Naimuddin S/o Abdul Bari had sold the property to the petitioners vide sale deed dated 28.2.1983, the Respondent Nos. 1 & 2 amended the plaint by adding the relief of declaration to the effect that the said sale deed dated 28.2.1983 was invalid.;