This order dismisses a transfer application regarding a Title Appeal arising from an eviction suit. The petitioner and Wakf Board acknowledged the Supreme Court held on eviction suits. The court found no merit in the application.
Dismissed the transfer application seeking remission of Title Appeal No.6 of 2007.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1864 of 2010
and for the Wakf Board.
Learned counsel for the petitioner fairly
acknowledges that Title Appeal No. 6 of 2007 transfer of which is sought from the Court of the Additional District Judge, IInd Katihar to the Wakf Tribunal arises out of an eviction suit.
Counsel for the Wakf Board relies on a judgment of the Supreme Court reported in 2010(4) BBCJ 208, holding at Paragraph-22 that suit for eviction from Wakf property would lie before the Civil Court and not before the Tribunal.
There is no merit in this application. It is accordingly dismissed.
P. Kumar
( Navin Sinha, J.)
1 issue framed by the court
Whether the application transferring the appeal from District Judge to Wakf Tribunal should be allowed based on the Supreme Court judgment regarding eviction suits.
Colour shows how this judgement treated each authority
2010(4) BBCJ 208Relied on¶13
Kamal Agrawal
The State of Bihar
Bihar State Sunni Wakf Board
Madan Pradap Keshri
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
