Samapti Chatterjee, J. - (1.) The petitioner/defendant has filed the present revisional application assailing the Order No. 11 dated 14th August, 2015 passed by the Learned Judge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 250 of 2014.
(2.) The point to be determined, whether the Waqf Tribunal has exclusive jurisdiction to try and determine any suit thereby excluding the jurisdiction of Civil Court to try or entertain any dispute?
(3.) The facts of the case in brief is as follows: - The petitioner/defendant is the tenant under Touleyet Waqf estate in respect of one shop room situated on the ground floor of premises No. 7A Abdul Halim Lane, Kolkata -7000016 at a monthly rental of Rs. 150/ - payable according to the english calendar months. The plaintiff filed Ejectment suit being Ejectment Suit No. 250 of 2014 before the Learned Judge, 3rd Bench, Small Causes Court at Calcutta. The petitioner/defendant filed an application under Order 7 Rule 11 read with Sec. 151 of Civil Procedure Code for rejection of the application on the ground that in view of the amendment of the Waqf Act, suit for eviction against any tenant in respect of any Waqf property ought to be tried by the Waqf tribunal exclusively. The Civil Court has no jurisdiction to tri and entertain the suit for eviction. The said application was rejected by the impugned order dated 14th August, 2015.;