- (1.) THIS revision petition has been filed by the defendant Anjuman A burhani (Shiya Daudi Bohra Jamaet) against the plaintiff Daudi Bohra Jamaet, being aggrieved by the order of the learned trial Court dated 12-4-2007 whereby the learned trial court rejected the application under Order 7, Rule 11, C. P. C. filed by the defendant-petitioner seeking dismissal of the suit at threshold as barred by law.
(2.) THE defendant - petitioner contended before the Court below that Section 85 of the Wakf Act, 1995 barred the present suit of injunction filed by the plaintiff also and, therefore, the learned Court below has erred in rejecting the application under Order 7, rule 11, C. P. C. and being aggrieved by the said order, the present revision petition has been filed by the petitioner-defendant.
(3.) THE learned counsel for the petitioner urged that Section 85 of the Wakf Act, 1995 clearly bars jurisdiction of 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 constituted under Section 83 of the said Act and scope of jurisdiction of the Tribunal is not limited to the disputes as defined in Sections 6 and 7 of the said Act and, therefore, even the injunction suit filed by the plaintiff which was essentially based on dispute between the parties as to the extent of property held by either of the parties also deserves to be decided by Wakf Tribunal constituted under the said Act and the Civil court had no jurisdiction to decide the same and therefore, rejection of application under Order 7, Rule 11, C. P. C. was not justified. He relied upon the following decisions : 1. Syed Inamul Haq Shah v. State of rajasthan and another, 2000 (4) WLC (Raj)528 : AIR 2001 Raj 19. 2. Rajasthan Board of Muslim Wakf v. Om Prakash Boob and another, 2006 (5)RDD 2343 (Raj ). 3. V. S. B. Sikkandar v. K. M. Khader Gani and Anr. , reported in 2007 AIHC 251.;