DR.PUSHPENDRA SINGH BHATI, J. - (1.) These civil misc. applications under Section 83(9) of Waqf Act, 1995 have been preferred by the petitioners, claiming in sum and substance, the following reliefs: 'It is, therefore, most humbly and respectfully prayed that the miscellaneous application may kindly be allowed and the order dated 3.6.2019 passed by the CEO, Waqf Board Jaipur in Case No. 55/2018 may kindly be quashed and set aside and further, the case itself may kindly be ordered to be dismissed as being barred by law and being not maintainable. Any other relief in any form which is deemed fit by this Hon'ble Court in the facts and circumstances of the case may kindly be passed in favour of the petitioner.'
(2.) The dispute is pertaining to the property situated in the heart of the Jodhpur City in Takiya Chand Shah Market. The respondent No. 1 has let out its property to the petitioners, which was Shop No. 2 in the year 1974, Shop No. 14 in the year 1972, Shop No. 12 in the year 2000, Shop No. 3 in the year 1993 and Shop No. 4 in the year 1998 respectively. The respondent No. 1 on 12.11.2018 filed an application under Section 54 of the Waqf Act, 1995 (hereinafter referred to as the 'Act of 1995') for removal of encroachment from the property in question in relation to the shops of the petitioners. The Waqf Board issued notices on 27.11.2018 under sub-sections (1) and (3) of Section 54 of the Act of 1995. Thereafter, the petitioners preferred application under Order 7 Rule 11 C.P.C. on 12.3.2019 on the ground that the Board did not have the jurisdiction to adjudicate and decide the said dispute, since it was a dispute between the landlord and tenant.
(3.) Learned Counsel for the petitioners submits that on a bare reading of Section 54 of the Act of 1995, it becomes clear that it can be invoked only for removal of encroachment from Waqf property, whereas it is an admitted position that the petitioners are tenant, and any deviation of the petitioners from the tenancy would at best attract the eviction proceeding from tenancy property.;