Legal Question in Civil Litigation in India

pls help me out . i m in a great confusion and need help really:-

the plaintiff is a tenant over waqf property. it is not disputed that the property is of waqf board. Now, the plaintiff filed the suit for declaration that he is a tenant. but the defendant board said that plaintiff is not a valid tenant. the plaintiff tenant is declared as encrocher over the waqf property by the ceo u/s 54 of waqf act and execution proceeding against the plaintiff tenant is pending u/s 55. whether the civil court has jurisdiction to decide the suit or plaint will be rejected u/o7 r11 cpc.

thanking u in anticipation.


Asked on 7/04/12, 12:44 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

civil court is well within its jurisdiction to decide the legal relationship between the parties.

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Answered on 7/04/12, 9:41 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

If order was given by the tribunal than civil court's jurisdiction is barred except where the tribunal had not acted according to principles of natural justice or where the provisions of the Act / law have not been complied with, or the statutory tribunal had not acted in conformity with the principles of judicial procedure.

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Answered on 7/04/12, 10:05 pm


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