- (1.) Heard learned counsel for the parties as well as Sri Q.H. Rizvi, learned Advocate who assisted the Court in the matter.
(2.) The challenge herein is to an order dated 04.10.2019 passed by U.P. Waqf Tribunal, Lucknow in Misc. Suit No. 20 of 2019; Waqf Nawab Amjad Ali Khan Vs. Mohd. Afzal by which application of the revisionist under Section 83 has been rejected on the ground that relief of eviction of defendant-tenant from Waqf property and for recovery of rent, arrears and damages is not maintainable before the Waqf Tribunal and for this relief the petitioner-applicant would have to approach the Civil Court, as, the suit is not covered by the disputes specified in Section 6 and 7 of U.P. Waqf Act, 1995. Accordingly, applying Order VII Rule 10 CPC the Waqf Tribunal has returned the plaint to the petitioner for presentation before the proper Court.
(3.) In taking this view the Tribunal has been persuaded by the decisions of the Supreme Court reported in (2010) 8 SCC 726; Ramesh Gobindram (dead) through LRs. Vs. Sugra Humayun Mirza Waqf, (2015) 3 SCC (Civ) 419; Faseela M. Vs. Munnerul Islam Madrasa Committee and Anr. and a decision of the Allahabad High Court in the case of Haji Ali Akbar Vs. Waqf Alal-Allah/Alal Khair Waqf rendered on 24.01.2019 in Petition No. 330 of 2019.;