KANWALJIT SINGH AHLUWALIA,J. - (1.) IT is not disputed between the parties that the property in question is a wakf property. Dhandev Singh claimed that he is tenant of the property, which is a wakf property. In 1995 a lease was created in favour of the petitioner. Aggrieved against the same, Dhandev Singh in the year 1995, had instituted a civil suit seeking relief of permanent injunction. An application was filed by the petitioner before the civil Court in view of Section 85 of the Wakf Act 1995 (hereinafter referred to as, 'the Act') that suit be transferred to the Tribunal. Section 85 of the Act reads as under : "Bar of jurisdiction of civil Court; No suit of other legal proceeding shall lie in any Civil Court in respect of any dispute, question nor other matters relating to any wakf, wakf property or other matters which is required by or under this Act, to be determined by a Tribunal."
(2.) CIVIL Court accepted the application and the original plaint along with other relevant documents were returned to the plaintiff for instituting the same before the Tribunal. When the proceedings before the Tribunal were continuing on 5th October, 2007, following order was passed : "Present : Sh. R.K. Goel, Advocate for plaintiffs. Sh. S.S. Saini, Advocate for Defendants 1 to 3, Sh. J.S. Virk, Advocate for Defendants 4 and 5. Order : Present civil suit titled Dhandev Singh v. P.W.B. is under Wakf Act and the matter is controversy is whether the suit property is Wakf property or not. As per provisions of the Wakf Act 1995 Section 83 ibid authorized the State Govt. to constitute a Tribunal under the Act. As per Section 85 of the Act there is bar of jurisdiction of civil Court with respect to matters which requires to be determined by the tribunal. In compliance of that Haryana State issued notification on 25.9.2001, whereby Tribunals were constituted in the State of Haryana and one such. Tribunal was constituted for the area of Kurukshetra District. However, the present suit relates to the year 1995 and the said civil suit is to be decided by the civil Court as the same is prior to Constitution of Tribunal under the Wakf Act at Kurukshetra. As such the case file is ordered to be placed before Ld. District and Sessions Judge, Kurukshetra on 6.10.2007 at 10.00 A.M. sharp to pass the order as his goodself may deem fit. Parties through their counsel are directed to appear before the said Court on 6.10.2007 at 10.00 A.M. sharp. Ahlmad to send the complete file well in time. Announced. Sd/-5.10.2007 Additional District Judge (exercising the powers ofTribunal Under, Wakf Act)Kurukshetra" After the order was passed by the Tribunal, District Judge, vide order (Annexure P-1) transferred the same to the Court of Civil Judge (Junior Division), Kurukshetra. The order passed by the District Judge Kurukshetra is reproduced as under : "Order : Reference made by Sh. Shekhar Dhawan ld. A.D.J., Kurukshetra dated 5.10.2007 perused. In view thereof, this case is withdrawn from his Court and is transferred to the court of Sh. Narender Sharma Ld. Civil Judge (Jr.Divn.) Kurukshetra for disposal in accordance with law. Parties are directed to appear there itself. File be immediately sent to the transferee Court. Sd/- 8.10.2007 District JudgeKurukshetra"
(3.) AGGRIEVED against the same, misc. application was filed by the defendant No. 4 and 5 for sending back the suit to the Tribunal. District Judge noticed the order passed by the Tribunal on 5th October, 2007 reproduced above and relying upon a Single Bench judgment of this Court, held that the provisions of the Wakf Act are prospective in nature and not retrospective. Therefore, the suit could not be transferred to the Tribunal.;