JUDGMENT : 1. This Civil Revision Petition under Article 227 of the Constitution of India by the unsuccessful petitioners-defendants is directed against the common order dated 26.02.2016 of the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, passed in IA. Nos.36 and 37 of 2016 in OS. No.2880 of 2015 insofar as it related to the dismissal of IA. No.37 of 2016 filed by the defendants under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908, requesting to reject the plaint in OS. No.2880 of 2015 in view of the bar under the Wakf Act, 1995 ( as amended in 2013). 2. I have heard the submissions of Sri Nazir Ahmed Khan, learned counsel for the revision petitioners/defendants and Sri Gulam Mustafa Rabbani, learned counsel for the respondent/plaintiff. I have perused the material record. 3. The parties in this revision shall hereinafter be referred as to the plaintiff and the defendants for convenience and clarity. 4. At the outset, it is to be noted that the sole plaintiff filed the suit against the defendants for perpetual injunction restraining them, their agents, servants and anybody else claiming through them from interfering with the management of the Mosque, that is, the suit schedule property, by the plaintiff in his capacity as President/Muttawali. The suit schedule property as mentioned in the schedule annexed to the plaint is 'Mosque', Jam-e-Masjid Mohammadi, bearing M.C.H. No.19-5-29/3/1 admeasuring 666.00 Sq. yards (100x60) situated at Mahmood Nagar, Co-operative housing society Nandi Muslaiguda Kishan Bagh x road, Hyderabad. The defendants, who are resisting the suit, filed the above applications for rejection of the interlocutory application and also the plaint in the above suit filed by the plaintiff. At the hearing before the trial Court, no oral and documentary evidence was adduced on either side. The learned Junior Civil Judge, by the common order impugned in this revision dismissed both the applications. Aggrieved thereof the present revision petition is filed. 5. Be it noted that since the application for rejection of the plaint would serve the purpose, the common order is challenged insofar as it related to dismissal of the application filed for rejection of the plaint. 6. Aggrieved thereof the present revision petition is filed. 5. Be it noted that since the application for rejection of the plaint would serve the purpose, the common order is challenged insofar as it related to dismissal of the application filed for rejection of the plaint. 6. The case of the defendants in support of the said request, as stated in the affidavit of the 2nd defendant, in brief, is this: - "The plaintiff alleged in the plaint as follows: 'He is the Muttawali of the suit schedule mosque. The said mosque was constructed by his father, Syed Yasin Mohammed Shah. His father earlier acted as Muttawali of the said mosque'. The mosque is a wakf property registered with the Wakf Board as per gazette notification 6- A dated 09.02.1989 and was shown as such at S.No. 2261 of page no.65. The allegations that these defendants interfered with the alleged management of the mosque by the plaintiff is absolutely false. The defendants have lodged a caveat petition stating that there is an elected managing committee and that the 2nd defendant is the President, 1st defendant is the General Secretary and the 3rd defendant is the Treasurer. The suit is barred under the provisions of the Wakf Act, 1995, since the dispute relates to a wakf property, which is a registered wakf, and as the subject property is a mosque, Jam-e Masjid Mohammadi. The issue raised in the suit is with regard to the alleged defendants' interference with the management of the mosque by the plaintiff, who is stated to be Muttawali. As the Civil Court is not having inherent jurisdiction in view of the bar under the provisions of the Wakf Act, 1955, and as the Wakf Tribunal is alone having jurisdiction to entertain and dispose of the suit, the plaint filed before the Civil Court is liable for rejection." 7. The case of the plaintiff in his counter, in brief, is this: 'The plaintiff's father constructed the suit mosque. The plaintiff's father was the first Muttawali of the said mosque. After his death, the plaintiff has became the President/Muttawali of the said mosque. He is managing the affairs of the mosque in his capacity as its President/Muttawali. While so, the defendants interfered with the management of the mosque. Hence, the suit is filed. The plaintiff's father was the first Muttawali of the said mosque. After his death, the plaintiff has became the President/Muttawali of the said mosque. He is managing the affairs of the mosque in his capacity as its President/Muttawali. While so, the defendants interfered with the management of the mosque. Hence, the suit is filed. It is false to say that the old name of the mosque is Masjid-Ek- Khana and that it is a registered wakf property with the Wakf Board as per Gazette notification 6-A dated 09.02.1989 and was shown as such at S.No.2261 of page no.65. The subject mosque is in no way related to the said Masjid-Ek-Khana and also the said notification issued by the wakf board in respect of the said Masjid-Ek-Khana. The suit mosque is not registered and is not a notified wakf property. The allegation that the defendants are the elected office bearers of the elected managing committee of the suit mosque is false. The defendants or the alleged managing committee have nothing to do with the management of the suit mosque. From the very averments in the affidavit filed in support of the petition, it is evident that the defendants are interfering with the plaintiff's management of the subject mosque by falsely claiming that they are the elected office bearers of an allegedly elected managing committee. The civil Court has got jurisdiction to entertain and try the suit. The suit is not barred under the provisions of the Wakf Act, 1995 and no grounds are made for rejection of the plaint. 8. I have bestowed my attention to the facts and submissions. The law is plain and it is undisputed that while considering an application for rejection of the plaint, the Court has to only examine the averments in the plaint; and the pleas taken by the defendants in the written statement are irrelevant. As per the provisions of Order VII Rule 11 of the code, the plaint shall be rejected where it does not disclose a cause of action or where the suit appears from the statement in the plaint to be barred by any law. Therefore, a careful examination of the plaint is necessary. 9. As per the provisions of Order VII Rule 11 of the code, the plaint shall be rejected where it does not disclose a cause of action or where the suit appears from the statement in the plaint to be barred by any law. Therefore, a careful examination of the plaint is necessary. 9. A plain perusal of the plaint would show that in paragraph no.1 in page 2, the plaintiff, inter alia, alleged that he is the Muttawali of the plaint schedule mosque and that the mosque is consisting of a main mosque for offering prayers and five shops in the ground floor and a big hall in the first floor and that the same was let out to a tailoring shop and that the mosque is a wakf by user. In the plaint, the plaintiff also averred that he is the President/Muttawali of the said mosque and that he is managing the affairs of the mosque in his capacity as its President/Muttawali and that the suit is filed as the defendants interfered with the management of the mosque. 10. So far as merits are concerned, learned counsel for the plaintiff contends as follows: 'Under the scheme of the Wakf Act, every wakf institution is required to be notified in the State Gazette after survey is conducted, as contemplated under the Act. The Act further provides that a property identified as wakf institution is required to be registered. The registration of the property as a wakf property and its notification in the official gazette in terms of the provisions of the Act are, therefore, essential. Only on the compliance of the said requirements, the wakf institution can approach the Tribunal for any reliefs.' Thus, according to the learned counsel for the plaintiff, unless a survey of the wakf property, as contemplated under Chapter II, is conducted by the Wakf Commissioner and such list, after the survey, is published, and the wakf is registered, neither the Board nor the Tribunal can exercise jurisdiction merely on the basis that the subject property is a wakf. Learned counsel for the plaintiff, therefore, submits that the Tribunal has no jurisdiction to deal with the issues raised in the instant suit in respect of the suit Mosque, as the wakf, in question, is neither notified nor registered and that, therefore, the civil court is having jurisdiction to entertain and dispose of the suit. Learned counsel for the plaintiff, therefore, submits that the Tribunal has no jurisdiction to deal with the issues raised in the instant suit in respect of the suit Mosque, as the wakf, in question, is neither notified nor registered and that, therefore, the civil court is having jurisdiction to entertain and dispose of the suit. Learned counsel for the plaintiff also contended that the property did not vest in the wakf board and the property is not a registered wakf and that the suit is brought by the plaintiff against the defendants in individual capacities and that the dispute is purely personal in between the plaintiff and the defendants and that it has nothing to do with the administration of the wakf and therefore the civil Court is competent and is having jurisdiction to entertain and dispose of the suit. 11. Learned counsel for the defendants contends as follows: "Creation of a wakf may be under different categories, as is evident from the definition of Wakf under the Act. The definition includes a wakf by user even if there is dedication, more so, when there is permanent dedication. The main mosque over the suit schedule property was in existence since decades and the suit schedule property is admittedly a wakf by user. The claim made in the plaintiff is that the plaintiff is the Muttawali and that management of the affairs of the subject wakf property is being interefered with. On these admitted plaint averments the plaint is liable for rejection as the Wakf Tribunal alone has got jurisdiction and the jurisdiction of the Civil Court to entertain and dispose of the said suit is ousted under the provisions of the Wakf Act. He would also submit that the trial Court erred in appreciating the facts correctly and the legal position in proper perspective. 12. In the light of this factual setting and contentions, it is necessary to refer to the relevant provisions of the Waqf Act, which are as under: Section 83 83. He would also submit that the trial Court erred in appreciating the facts correctly and the legal position in proper perspective. 12. In the light of this factual setting and contentions, it is necessary to refer to the relevant provisions of the Waqf Act, which are as under: Section 83 83. Constitution of Tribunals, etc.- (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 waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals. (2) Any mutawalli person interested in a waqf 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 waqf. (3) Where any application made under sub-section (1) relates to any waqf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the waqf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter: Provided that the State Government may, if it is of opinion that it is expedient in the interest of the waqf or any other person interested in the waqf or the waqf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such waqf or waqf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interest of justice to deal with the application afresh. (4) Every Tribunal shall consist of - (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member; and the appointment of every such person shall be made either by name or by designation. (4A) The terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members shall be such as may be prescribed. (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil court. (8) The execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (8) The execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think Section 85: Bar of jurisdiction of civil Courts, revenue Court and any other authority: 'No suit or other legal proceedings shall lie in any civil Courts, revenue Court and any other authority in respect of any dispute, question or other matter relating to any Waqf, Waqf property or other matter which is required by or under this Act to be determined by a Tribunal.' The word "Waqf" is defined under Section 3(r) of the Act as under: 3(r) "waqf" means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes- (i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and "waqif" means any person making such dedication;'. 6. 6. Disputes regarding Auqaf.- (1) If any question arises whether a particular property specified as wakf property in the list of Auqaf is waqf property or not or whether a waqf specified in such list is a Shia Waqf or sunni waqf, the Board or the mutawalli of the Waqf or any person aggrieved 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 Auqaf. Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4. (2) Notwithstanding anything contained in Sub-section (1), no proceeding under this Act in respect of any Waqf 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 Auqaf 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. (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 Auqaf- (1) If, after the commencement of this Act, any question or dispute arises, whether a particular property specified as Waqf property in a list of Waqf is Waqf property or not, or whether a Waqf specified in such list is a Shia Waqf or a Sunni Waqf, the Board or the mutawalli of the Waqf, or any person aggrieved by the publication of the list of auqaf under section 5, 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 Auqaf 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 Auqaf. (b) in the case of the list of Auqaf 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 provision of Sub-section (5), no proceeding under this Section in respect of any Waqf 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 mad a party to any application under Sub-section (1). (4) The list of Waqf 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. (3) The Chief Executive Officer shall not be mad a party to any application under Sub-section (1). (4) The list of Waqf 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 (9) 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. (6) The Tribunal shall have the powers of assessment of damages by unauthorized occupation of waqf property and to penalize such unauthorized occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence. 12.1 The definition of Waqf, which is extracted above, would show that a Waqf is created either by dedication or by user and Deed of Waqf is not essential to create a Waqf. Further, a Waqf, as contemplated under the definition above, once created continues to be a Waqf for all times to come. 12.2 Section 2 of the Act provides that this Act would apply to all the Auqaf and exception expressly is made only with respect to Dargah Khawaja Saheb, Ajmer to which the Dargah Khawaja Saheb Act, 1955 applies. 13. One party contends that the Waqf is a registered Waqf and the other contends it is a Waqf by user and not a registered Waqf. The issue is also about the right of management of the Waqf and the complaint is about interference with management of the affairs of the Waqf property. The question whether a property is a Waqf property or not, has to be decided in a suit instituted in Wakf Tribunal (Section 6 of the Act). The issue is also about the right of management of the Waqf and the complaint is about interference with management of the affairs of the Waqf property. The question whether a property is a Waqf property or not, has to be decided in a suit instituted in Wakf Tribunal (Section 6 of the Act). Sections 85 and 88 bar a suit or other legal proceedings in respect of (i) dispute, (ii) question, (iii) other matter relating to a Waqf or Waqf property, or (iv) other Waqf matter which is required to be determined. Such matters are to be adjudicated by the Wakf Tribunal which shall be deemed to be a civil Court and shall have all powers exercisable by a civil Court under it while trying the suit. The decision of the Wakf Tribunal is final. 14. Learned counsel for the plaintiff placed reliance on a decision of this Court in Waheed Bin Mohammed v. Niazunnisa Begum, 2006 (3) ALD 488 and a decision of the Supreme Court dated 01.09.2010 in Civil Appeal No.1182 of 2006 Ramesh Gobindram (dead) through LRs v. Sugra Humayun Mirza Wakf In the first decision on facts this Court found that the dispute in the said lis is purely personal dispute between the parties to the suit and that the said dispute has nothing to do with administration of the wakf property by the Wakf Board and hence, held that the Wakf Act does not envisage resolution of individual disputes with regard to Wakf properties and that any litigation between lessee and sub-lessee falls outside purview of the Wakf Act. In the decision of the Supreme Court it was held that eviction proceedings can only be decided by the Civil Court and not by the Wakf Tribunal. The present suit dispute is not an eviction dispute. Hence, on facts, the decisions are not helpful to the plaintiff. It is to be next noted that under the new provision under the amended Section 83 of the Waqf Act, the Tribunal constituted under the provisions of the Act is competent to determine any dispute or other matter relating to Waqf or Waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property under this Wakf Act. In the decision in Bhanwar Lal and Another v. Rajasthan Board of Muslim Wakf and Others AIR 2014 SC 758 though the dispute related to cancellation of sale deeds, the Supreme Court, while considering the issue of jurisdiction of the Wakf Tribunal, on a conjoint reading of Section 7 and Section 85 summed up the legal position as under: (i) In respect of the questions/disputes mentioned in Subsection (1) of Section 7, exclusive jurisdiction vests with the tribunal, having jurisdiction in relation to such property. (ii) Decision of the tribunal thereon is made final. (iii) The jurisdiction of the Civil Court is barred in respect of any dispute/question or other matter relating to any wakf, wakf property for other matter, which is required by or under this Act, to be determined by a tribunal, (iv) There is however an exception made Under Section 7(5) viz., those matters which are already pending before the Civil Court, even if the subject matter is covered under Sub-section (1) of Section 6, the jurisdiction of Civil Court would not continue and the tribunal shall have no jurisdiction to determine those matters. 15. It is now necessary to refer to the decision of the Supreme Court in Board of Wakf, West Bengal and Another v. Anis Fatma Begum and Another 2011 (1)ALD 61 (SC): (2010) 14 SCC 588 wherein it was held thus: In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India. Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words "any dispute, question or other matters relating to a Wakf or Wakf property" are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word 'Wakf' has been defined in Section 3(r) of the Wakf Act, 1995 and hence once the property is found to be a Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal. 16. The word 'Wakf' has been defined in Section 3(r) of the Wakf Act, 1995 and hence once the property is found to be a Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal. 16. In the above cited decision the legal position is pithily laid down. In the instant suit the dispute alleged is in regard to interference with the management of the affairs of the mosque by the plaintiff. Though the dispute is raised by the plaintiff against the defendants claiming that they have nothing to do with the alleged managing committee and that the interference was being caused by them in their individual capacity, the specific averment in the plaint is that the defendants are interfering with the management of the mosque by him and that the subject mosque is a Wakf by user. The dispute stated in the plaint and the issue raised for consideration in the suit are related to administration/management of the Waqf property by the plaintiff, who is claiming to be a Muttawali of the mosque. The dispute is related to Waqf and Waqf property and its management. Having regard to the plaint averments and after a meaningful reading of the plaint averments, I am of the considered view that the subject matter of the plaint falls within the purview of the Waqf Act, and only Wakf Tribunal has jurisdiction in the matter and not a Civil Court. 17. For the reasons mentioned above and the settled legal position applicable to the facts of the matter, the impugned order of the trial Court cannot be sustained. Though the plaint can be rejected in one view of the matter, this Court is of the opinion that the plaint can be ordered to be returned instead of rejecting it. 18. In the result, the Civil Revision Petition is allowed and the impugned order is accordingly set aside and as a sequel, the Trial Court is directed to return the plaint to the plaintiff as per procedure established by law for presentation to proper forum; and the plaintiff can approach the Wakf Tribunal, if the plaintiff wishes so to do. 19. There shall be no order as to costs. 20. Miscellaneous petitions, if any, pending in this revision shall stand closed.