Atul Kumar Jain, J. - (1.) IN this matter Sections 6, 7 and 85 of the Wak Fact, 1995 (for short "the Act of 1995") are relevant because these provisions have been relied upon by both the parties in the case. For proper appreciation of the evidence of the parties, these three sections are quoted below: - - "6. Disputes regarding wakfs. - - (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. Explanation. - -For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4. (2) Notwithstanding anything contained in sub -section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. (3) The Survey Commissioner shall not be made a party to any suit under sub -section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub -section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in Sub -section (1). 7. Power of Tribunal to determine disputes regarding wakfs. - - (1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that - - (a) in the case of the list of wakfs relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and (b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re -open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of Sub -section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub -section (1). (4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub -section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject -matter of any suit or proceeding instituted or commenced in a civil court under sub -section (1) of section 6, before the commencement of this Act or which is the subject -matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 85. Bar of jurisdiction of civil courts. - -No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal."
(2.) IN the case in hand, petitioners -defendants have challenged the order dated 3.12.2013 which was passed by Addl. Civil Judge(JD) No. 1, Jaipur Metro, Jaipur in Civil Suit No. 10/2013 titled as Irfaan v. Saeed Shah and others whereby application of the petitioners under Order VII Rule 11 of CPC was dismissed by this Court. Admittedly, the right of Nigehbani and Fatiha in relation to Dargah Karbla Shareef are in dispute. The plaintiff claims exclusive right of Nigehbani and Fatiha in himself and as per him, defendants are interfering with his rights, so he filed a civil suit in the civil court. On the other hand, the defendants have argued that as per Sections 6, 7 and 85 of the Act of 1995, the civil court has no jurisdiction to hear the suit and so the suit should be dismissed.
(3.) I have heard the arguments of both the parties. I have perused the impugned order and I have also perused the other documents relied upon by the parties. The petitioners have relied upon the following rulings: - - "(1) Akkode Jumayath Palli Paripalana Committee v. P.V Ibrahim Haji and others, : AIR 2013 SC 3530. (2) Board of Wakf, West Bengal v. Anis Fatma Begum & anr., 2011(1) WLC (SC) Civil 204. (3) Haji Abdul Latif & anr. v. Azizuddin & anr. : (2012) 194 DLT 164. (4) Syed Hassan Francis Imam v. Muzaffarpur Properties Pvt. (2008) 3 BLJR 2209. (5) Zaheer Ahmad v. Wakf No. 13, Hauz Wali Majid, Sarwat Gate, Muzaffar Nagar & ors., 2008(9) ADJ 546.";