JUDGMENT Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner who has also filed a supplementary affidavit. 2. Respondent No. 1 Brij Bhushan Tyagi has instituted O.S. No. 353 of 2010 against the petitioner who is defendant No. 1, and respondent Nos. 2 to 4 in this writ who are defendants 2 to 4 in the suit. In the plaint plaintiff has claimed that petitioner defendant No. 1 the waqf is landlord of the shop in dispute and he alongwith proforma defendant No. 2 and 3 is the tenant of the same; that defendant Nos. 2 and 3 fraudulently got the name of the petitioner deleted from the tenancy. The relief claimed is that defendants may be directed to demolish wall ‘CJS’ as shown in the plaint map and construct wall at ‘KJHP’ and shall not interfere in the right of the plaintiff to do business in the shop in dispute. Petitioner defendant No. 1 filed an application under Order VII Rule 11 C.P.C. before the trial Court praying that in view of Section 85 of Wakf Act 1995 suit is not maintainable before Civil Court hence it must be dismissed. Trial Court/Civil Judge (J.D.) Muzaffarnagar through order dated 9.3.2011 dismissed the said application. Against the said order petitioner filed Civil Revision No. 62 of 2011. A.D.J. Court No. 5 Muzaffarnagar dismissed the revision on 17.10.2012 hence this writ petition. 3. Learned counsel for petitioner argues that plaintiff respondent has got no concern with the property in dispute which is Waqf property. If in the suit defendant petitioner is able to show that plaintiff respondent has got no concern with the property in dispute then the suit will obviously be dismissed. 4. However, at present we are concerned with the application of the petitioner which has been filed under Order 7 Rule 11 C.P.C. In my opinion if a person claiming to be a lawful occupant of wakf property files a suit for permanent prohibitory injunction seeking to restrain the Mutawalli of the waqf from forcibly evicting him or interfering in his possession, suit before Civil Court is not barred. Section 84 and 85 of Waqf Act 1995 are quoted below: 84. Section 84 and 85 of Waqf Act 1995 are quoted below: 84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.—Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a wakf or wakf property it shall hold its proceedings as expeditiously as possible and shall as soon, as practicable, on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute 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. 5. The plaintiff is not denying the character of the property to be wakf hence it is not that type of suit concerning wakf property in respect of which jurisdiction of Civil Court is barred. 6. Section 83(1) and (2) of the Wakf Act are quoted below: (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals, as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals. (2) Any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf. 7. Section 86 of Wakf Act refers to appointment of receiver in any suit. Section 87 mandates that an unregistered Wakfs cannot institute any suit for the enforcement of any right concerning Wakf. In this regard reference may specifically be made to Sections 89 and 90. According to Section 89 no suit shall be instituted against the Wakf Board without two months notice. Section 87 mandates that an unregistered Wakfs cannot institute any suit for the enforcement of any right concerning Wakf. In this regard reference may specifically be made to Sections 89 and 90. According to Section 89 no suit shall be instituted against the Wakf Board without two months notice. Under Section 90 it is provided that “In every suit or proceeding relating to a title to or possession of a wakf property the Court or Tribunal shall issue notice to the wakf Board.” 8. Under sub-section (2) of Section 90 it is provided that “if wakf property is notified for sale in execution of a decree of a Civil Court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Wakf Board”. 9. Section 93 bars compromise of suits by or against mutawalli of a Wakf without sanction of the Wakf Board. 10. From the above provisions it is, therefore, quite clear that there is no absolute bar in respect of every type of suit regarding waqf property. If the plaintiff had asserted that the property in dispute was not wakf property then suit could be barred. 11. Accordingly there is no error in the impugned orders holding that plaint could not be rejected under Order 7 Rule 11 C.P.C. However, it is clarified that if petitioner defendant is able to show to the trial Court that plaintiff has got no concern with the property in dispute then obviously no temporary injunction will be granted to the plaintiff defendant and suit will also be dismissed. 12. With the above observation writ petition is disposed of. —————