C.S.No.640 of 2000 and A.Nos.3478/2000, 1734 & 1735 of 2003, 2997, 2998 & 2999 of 2003 & 215 & 216 of 2004, 1838/2004, 2061, 2062 & 2063 of 2005, 4540 & 4541 of 2006, 5973 to 5978 of 2010, 7133 & 7134 of 2010, 119 & 120 of 2011 and 4470 to 4472 of 2011, VINOD K.SHARMA, J. The plaintiffs have filed this suit praying therein as under: (a) For framing a scheme for proper administration of the properties morefully described in Schedule (A), (B) and (C) in the plaint and situate at Madas, Calcutta and Surat and belonging to the Wakf/alal-auled created in pursuance of a Wakf Deed dated 14.03.1943; (b) for a declaration that the plaintiffs 1 & 2 and the defendants 1 to 38 are entitled to the plaint mentioned shares in the divisible income derived from the properties morefully described in plaint schedule 'A'; (c) for a declaration that the 2nd plaintiff and the defendants 2  18, 26 to 37 are entitled to the plaint mentioned shares in the divisible income derived from the properties morefully described in Schedule 'B' in the plaint; (d) for a declaration that the first plaintiff, first defendant and the defendants 19 to 25 and the 38th defendant are entitled to the plaint mentioned shares in the divisible income derived from the properties morefully described in schedule 'C' in the plaint; (e) for a mandatory injunciton directing the removal of the first defendant from the post of Muthavalli of the Wakf-alal-aulad created uder the Wakf Deed dated 12.03.1943; (f) for a peramenent injunction restraining the first defendant, his men or agents or any one claiming through him from in any manner alienating, encumbering or putting up any construction in the properties morefully described in the Schedule A', 'B', and 'C'; (g) for directing the first defendant to render true and proper accounts in relation to the moneys received by the first defendant from otu of the properties morefully described in Schedule 'A', 'B' and 'C' in the plaint and on such account taking direct the first defendant to pay to the credit of the wakf-alal-auled the amount as ascertained to be due and payable by him to the Wakf-alal-auled; (h) to appoint a Receiver to take charge of the properties belonging to the Wakf-Alal-Auld and morefully described in schedule of the plaint; (i) directing the first defendant to pay to the plaintiffs the cost of this suit. 2 Wakf  Alal  Aulad was framed on Friday, the 12th day of March 1943, by Ahmed Muhammed Bhaimia and registered with Sub Registrar of Surat. Clause 3 of Wakf  Alal  Aulad reads as under: "3 That after the death of the wakif, the Muthwallies of the Wakf shall be appointed in the order and in manner hereinafter set out: (a) that following shall act as the first Mutwallies: 1 Halimabivi, the Wakif's second wife, aged about 40 years; 2 Ismail Ahmed Bhaimia, the Wakif's son, aged about 30 years; 3 Gulam Muhamed Ahmed Bhaimia, the wakif's son, aged about 22 years; Not withstanding anything hereinabove contained to the contrary, it shall be lawful for the Wakif during his lifetime to make any changes or additions in the aforesaid Mutwallies as he may desire. (b) that subject as aforesaid if and whenever a vacancy shall arise, preference shall always be given to any one from amongst the heirs of the Wakif, if such an heir be fit and willing to be appointed a Mutawalli and faliing this preference shall be given to the male line who may be fit and willing to be appointed a Mutwalli; and failing him, to the Wakif's daughters' descendants who may be fit and willing to be appointed a Mutwalli: and failing this, the Mutwalli or Mutwallies of the hotavarachha Mosque who may be fit and to be appointed a Mutwalli; and failing this, anyone from the said Sunni Surti Kalhar and failing this also, any Muslim who may be fit and willing to be a Mutwalli," 3 The defendant No.1 Ebrahim Ahmed Bhaimia is alleged to have illegally taken over the post of Mutwalli, and was managing the properties. The plaintiffs have therefore approached this Court, with the prayer referred to above, on the ground that the properties of the Wakf were being mismanaged against its object. 4 One of the submissions of the plaintiffs was that reading of the Wakf  Alal  Aulad, shows that only 10% of the income were allocated for religious purpose, and in the remaining 90%; i.e. 20% towards reserved fund and 70% was for the benefit of family. 5 It is on this pleading the present suit was filed in this Court for framing of the Scheme with regard to 90% of the income of the Wakf board, i.e. 20% reserve fund and 70% meant for family members. 6 During the pendency of the suit, following applications have been filed. SL. No. Appln.No. Prayer Filed by 1 3478/2000 To direct the defendants No.1 & 28 to produce true & correct accounts in respect of the income from the Wakf properties Plaintiffs 2 1734/2003 To amend the plaint Plaintiffs 3 1735/2003 To direct the first defendant to produce true & correct accounts in respect of the income from the Wakf properties described in schedule A & C in the plaint from the year 1992 to June 2001, when the Receiver took charge. Plaintiffs 4 2997/2003 For transfer of O.S.No.1960 & 3963 of 2000 from the file of I Asst. Judge, City Civil Court, Chennai to this Court to try along with C.S.No.640 of 2000 Plaintiffs 5 2998/2003 To stay all further proceedings in the two suits in O.S.No.1960 & 3963 of 2000 pending on the file of I Asst. Judge, City Civil Court, Chennai pending disposal of the application for transfer of the said two suits to this Court Plaintiffs 6 2999/2003 To frame the preliminary issue relating to the jurisdiction of the Court and to the bar to the suit created by the Wakf Act 43/1995 and try the same first and to deal the suit C.S.No.640 of 2000 in accordance with the decision of that issue. First Defendant 7 215/2004 To amend the plaint Plaintiffs 8 216/2004 To appoint defendant No.23 as his guardian-ad-litem or such other person this Court may deem fit Plaintiffs 9 1838/2004 Legal representatives of the deceased, the defendant No.19/ applicants be brought on record as as party defendants 39 to 44 in C.S.No.640 of 2000 Legal representatives of the deceased, defendant No.19 10 2061/2005 Legal representatives of the deceased, the 1st Plaintiff/ applicants be brought on record as as party plaintiffs 3 to 5 in C.S.No.640 of 2000 Plaintiff No.2 11 2062/2005 Legal representatives of the deceased, the 32nd defendant/ applicants be brought on record as as party defendants 35 to 39 in C.S.No.640/ 2000 Plaintiff No.2 12 2063/2005 Legal representatives of the deceased, the 38th defendant/ applicants be brought on record as as party defendants 44 & 45 in C.S.No.640/ 2000 Plaintiff No.2 13 4540/2006 To remove Mr.S.M.Deenadayalan appointed as Advocate Receiver as per the order dated 25.4.2001 in O.A.No.821 of 2000 from the office of Receivership and replaced by party receiver Mr.A.G.M. Bhaimia, defendant No.22, in respect of the schedule A, B & C properties detailed in plaint schedule. First defendant 14 4541/2006 To clarify the order dated 25.4.2001 made in O.A.No.821/2000 in respect of clause (6) that the Receiver shall deposit the "Nett Receipts" that comes to his hands to be deposited to the credit of the C.S.No.640 of 2000 instead of Wakf alal aulad till scheme is framed by this Court First defendant 15 5973/2010 For removal of Receiver Mr.S.M. Deenadayalan appointed as per order dt. 25.04.2011 in O.A.No.821/2000 in C.S.No.640/2000 and to appoint new Reciver in his place Applicant/3rd party 16 5974/2010 To direct the Adovcate Receiver to deposit the rental amount collected from the applicant into the credit of C.S.No.640 of 2000 Applicant/3rd party 17 5975/2010 To order an enquiry as to what amount was collected by Receiver from tenants including the applicant. Applicant/3rd party 18 5976/2010 For removal of Receiver Mr.S.M. Deenadayalan appointed as per order dt. 25.04.2011 in O.A.No.821/2000 in C.S.No.640/2000 and to appoint new Reciver in his place Applicant/3rd Party 19 5977/2010 To direct the Adovcate Receiver to deposit the rental amount collected from the applicant into the credit of C.S.No.640 of 2000 Applicant/3rd Party 20 5978/2010 To order an enquiry as to what amount was collected by the Receiver from tenants including the applicant. Applicant/3rd party 21 7133/2010 To direct the Registrar General, High Court, Madras to file a complaint against the Advocate Receiver under Sec.193 I.P.C. In relation to Appln.No.5976/2010 Advocate Receiver 22 7134/2010 To direct the Registrar General, High Court, Madras to file a complaint against the Advocate Receiver under Sec.193 I.P.C. In relation to Appln.No.5976/2010 Advocate Receiver 23 119/2011 To revoke the order granting leave to remove the Advocate Receiver passed in A.No.4827/2010 dt.30.09.2010 & to restore the Appln.No.4827/2010 Advocate Receiver 24 120 To revoke the order granting leave to remove the Advocate Receiver passed in A.No.4828/2010 dt.30.09.2010 & to restore the Appln.No.4828/2010 Advocate Receiver 25 4470/2011 For removal of Receiver Mr.S.M. Deenadayalan appointed as per order dt. 25.04.2011 in O.A.No.821/2000 in C.S.No.640/2000 and to appoint new Reciver to take charge & administer the plaint schedule mentioned properties. Defendants 23 & 24 26 4471/2011 To direct the Adovcate Receiver to deposit Rs.20,00,000/- collected and lying in his lands into this Court to the credit of C.S.No.640 of 2000 subject to passing of accounts. Defendants 23 & 24 27 4472/2011 To order an enquiry as to what amount is due from the Receiver in respect of income collected from plaint schedule mentioned properties from 25.4.2011 till 31.7.2011 by scrutiny of account and cross examine advocate Receiver Defendants 23 & 24 7 All these applications are listed before this Court for adjudication, but all these applications cannot be decided as this Court has no jurisdiction to entertain and try the suit, after coming into force of Wakf Act. In view of the judgment of the Hon'ble Supreme Court in the case of Board of Wakf, West Bengal vs. Anis Fatma Begum and another (Civil Appeal No.5297 of 2004 decided on 23.11.2010) laying down therein that even the WakfAlal  Aulad, would be governed under the provisions of Wakf Act, and dispute to be dispute be settled through the Wakf Tribunal. 8 Mr.Lakshminarayanan, learned counsel for the Wakf Board was asked to assist this Court as 'Amicus curie". 9 The learned counsel for the Wakf Board pointed out that under Sec.4 of the Wakf Act, it is for the State Government to constitute Wakf Tribunal by notification and to appoint an officer to deal with the Wakf properties. Therefore, the plaintiffs herein, for the purpose of framing a Scheme or any other relief have to move Wakf Board of Gujarat, as Wakf was admittedly registered at Surat in Gujarat State. 10 The Scheme for the wakf can only be framed by Wakf Board under the provisions of Wakf Act, and that this Court has no jurisdiction to frame any scheme in exercise of powers under section 92 of the Code of Civil Procedure. 11 The learned counsel also brought to the notice of this Court that the Wakf as defined under the Act, also covers WakfAlalAulad, though management of WakfAlalAulad is to be governed by the Wakf deed, but it can be interpreted and regulated by the Wakf board under Sec.32 of the Act. 12 The position of law as explained is not disputed, hence it can be safely said that the suit is not competent. Therefore, plaint deserves to be returned to the plaintiff for presentation before the appropriate Wakf Board and in case of any dispute, the matter has to go to Wakf Tribunal, and not before this Court. 13 In view of the fact that the suit itself is not maintainable, the applications are disposed of as under: In view of the findings recorded, all the applications are ordered to be closed. 14 It is submitted out that the Advocate Receiver appointed by this Court has not rendered the account of money collected since the date of his appointment. This submission is denied by the learned Advocate Receiver, who states that the total amount has been accounted for, and the amount stands deposited with the Asst. Registrar, O.S.Side of this Court. 15 Advocate Receiver is directed to deposit if any amount received is outstanding till date in terms of the order passed by this Court on 25.04.2011 in O.A.No.821/2000 if not already deposited. The needful be done within a period of one month of the receipt of certified copy of this order. Along with copy of statement of accounts from the date of taken over till handing over of the charges. 16 The Asst Registrar, O.S.Side of this Court shall deposit this amount in the fixed deposit in the name of the wakf for its release as per the orders to be passed by the Board/Wakf Tribunal. 17 It is made clear that in case plaintiffs/applicants chose to agitate any dispute on judicial side, before the Wakf Tribunal/Wakf Board, they shall be at liberty to do so. 18 Keeping in view of the fact that Wakf properties were taken over by the Advocate Receiver and the order is being set aside for want of jurisdiction. It is directed that by way of interim measure, the plaintiff/applicant No.1 and the first defendant shall be entitled to take possession of the property from Advocate Receiver, and deal with it jointly for a period of three months. It shall be obligatory on the part of the plaintiffs/applicants/defendants to move the Wakf Board for framing of Scheme, for appointment of Muthwallies who will on appointment deal with the properties as per Wakf deed. 19 It is made clear that in case, no such steps are taken to appoint Muthwallies, it shall be open to the Wakf Board to deal with the properties after take over. No cost. 18.11.2011 Index: Yes/No Internet:Yes/No vaan VINOD K.SHARMA, J. Vaan C.S.No.640 of 2000 and A.Nos.3478/2000, 1734 & 1735 of 2003, 2997, 2998 & 2999 of 2003 & 215 & 216 of 2004, 1838/2004, 2061, 2062 & 2063 of 2005, 4540 & 4541 of 2006, 5973 to 5978 of 2010, 7133 & 7134 of 2010, 119 & 120 of 2011 and 4470 to 4472 of 2011, 18.11.2011