3.The defendants are resisting the suit contending that the properties are Waqf properties and hence, the lease itself is not valid. The defendants filed an application under Order 7 Rulel 11 of CPC., seeking rejection of the plaint, claiming that the suit between the father of the revision petitioner and the respondents, with regard to the suit properties, has been suppressed by the respondent / plaintiff. The claim was made that the properties are Waqf propoerties and therefore, it being unallienable, the lease created is invalid. The Trial Court, dismissed the application under Order 7 Rule 11 of CPC. Revision against the said order was also dismissed by this Court in the writ petition. This Court had held that the properties are not Waqf properties and the contention of the plaintiff in the suit namely, 1st respondent herein that the properties belonged to a private trust will have to be considered on the evidence. Thereafter, the petitioner has come up with an application seeking return of the suit to the plaintiff to be presented before the Waqf Tribunal, contending that there is a bar under Section 85 of the Waqf Act.
