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Judgment
A.N. Jindal, J.—This petition assails the judgment and decree dated 16.09.2010 passed by the Additional District Judge, Rewari, whereby the suit filed by the Plaintiffs-Petitioners (hereinafter referred to as ''the Petitioners''), was dismissed.
Admittedly, the land measuring 16 Kanals involved in the suit is Wakf property. Petitioners had filed the suit admitting the property to be Wakf property and claimed that they had taken the same on lease, whereas the Defendants-Respondents, while admitting the lease, stated that the lease was only a periodical lease and they sought eviction of the Petitioners.
In this view of the matter, this case is squarely covered by the judgment delivered in case Ramesh Gobindram (dead) through L.Rs. v. Sugra Humayun Mirza Wakf 2010 (2) R.C.R. (Rent) 266, wherein it was observed that where the Plaintiff seeks eviction of the tenant from what is admittedly a Wakf property, it is only the Civil Court who has got jurisdiction to try the suit.
In these circumstances, this petition is accepted. Judgment and decree 16.09.2010 is set aside and the plaint is returned to the Petitioners to present the same in the proper Court. Parties are directed to appear before the District Judge, Rewari, on 20.05.2011.