- (1.) Heard learned Counsel for the applicant and Sri Rahul Sahai appearing for opposite party No. 4.
(2.) Aggrieved by the order passed by the trial court rejecting the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short the Code), defendant-applicant has approached this Court.
(3.) Facts are that the plaintiffs-opposite parties filed a suit for ejectment of defendant and for declaration that suit property is Wakf Alal Aulad and plaintiffs were Mutawalli. Suit was filed on the allegations that suit property is Wakf Alal Aulad and the plaintiffs are the beneficiaries and Kr. Abdul Wasi Khan is at present the Mutwalli of the said wakf. An application under Order VII Rule 11 of the Code was filed that since the property is Wakf property, the suit is barred in view of the provisions of Section 85 of the Wakf Act and the plaint is liable to be rejected. Court below rejected the application.;