Biswajit Basu, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the defendant Nos. 4 and 5 in a suit for injunction and is directed against the order No. 10 dated April 26, 2017 passed by the learned Civil Judge(Junior Division), District- Amta, Howrah in Title Suit No. 46 of 2016.
(2.) The petitioner filed an application before the learned Trial Judge praying dismissal of the suit on the ground that the suit property is a Wakf property which is controlled by Wakf Board. Therefore, the jurisdiction of the Civil Court over the subject matter of the suit is barred Under Section 85 of the Wakf Act, 1995 (hereinafter referred to as the said Act in short). The Tribunal constituted under Section 83 of the said Act has only the jurisdiction to decide the dispute raised by the plaintiff in the suit.
(3.) The plaintiff/opposite party filed written objection to the said application of the defendant Nos. 4 and 5 contending, inter aila, that the real question in controversy in the suit is not regarding determination of Mutawalliship but regarding protection and/or reservation of the Wakf property from damage and destroy by the defendants which is absolutely well maintainable in law both under Wakf Act as well as under Civil Procedure Code.;