Sabyasachi Bhattacharyya, J. - (1.) The first defendant in a suit for eviction under the West Bengal Premises Tenancy Act, 1997 has preferred the present revisional application against an order whereby the petitioner's application under Order XIV Rule 2 of the Code of Civil Procedure was rejected. By virtue of the said petition, the petitioner challenged the maintainability of the suit before a Civil Court. According to the petitioner, in view of the bar contemplated in the Waqf Act, 1995, the suit ought to have been filed before the Waqf Tribunal.
(2.) Learned counsel for the petitioner places reliance on Section 108A of the Waqf Act, 1995 (hereinafter referred to as "the said Act") and submits that the provisions of the said Act have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
(3.) Next, learned counsel relies on Section 83(1) of the said Act, which relates to constitution of Tribunals, etc. Section 83(1) reads as follows: "83. Constitution of Tribunals, etc. - (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.";