- (1.) This application is directed against the order dated December 8, 2005 passed by the learned Presiding Officer, Wakf Tribunal, West Bengal in Suit No. 7 of 2005 thereby dismissing the said suit against the Defendants.
(2.) The short fact is that the Petitioner as Plaintiff instituted a suit being Suit No. 7 of 2005 before the Wakf Tribunal, West Bengal for declaration and other consequential reliefs. According to the plaint case, Mir Mamtaj Ali created a Wakf Estate in the name of Mir Mamtaj Ali Wakf Estate and the said Wakf Estate was enrolled under the E.C. No. 4959 & 4959A with the Office of the Wakf Board, Calcutta and the Plaintiff is the Mutawalli of such Estate. The Board asked the Petitioner to furnish information about the Wakf properties for assessment of the Wakf fund contribution. The Petitioner submitted the information accordingly by two letters dated November 6, 1995 and November 13, 1995. He also submitted returns for the year 1995-96 and 1996-97. In spite of that, the Chief Executive Officer, Board of Wakfs issued a notice dated May 21, 1997 and as such, the Petitioner was compelled to file the said suit.
(3.) The Defendants/opposite parties herein are contesting the suit by filing two separate written statements denying the material allegations contained in the plaint.;