Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or other matter relating to wakf or wakf property under the Act, 1995 – s.83 relates to bar of jurisdiction of Civil Court, the relevant words are “any dispute, question or other matter relating to a wakf or wakf property” which is required by or under this Act to be determined by the Tribunal – Thus, bar of jurisdiction of Civil Court is confined only to those matters which are required to be determined by the Tribunal under this Act – When issue in the suit is as to whether suit property is Wakf property or not, it is covered by specific provision of ss.6 and
7 of the Act, 1995, therefore, it is required to be decided by the Tribunal under s.83 and bar under s.85 shall come into existence with regard to jurisdiction of Civil Court.
Wakf Act, 1995: s.6(1), proviso – List of Wakf property published under s.5 – Who has right to dispute and the limitation period – Held: The provision contained in proviso to s.6(1) 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 Wakfs shall be applicable to every person who though not interested in the Wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under s.4 – When s.6 sub-section (1) provides for raising a dispute regarding Wakf property in a period of one year, it applies to every person who wants to dispute the list except those who have been not served notice under s.4(1) of the Act.
Disposing of the appeals, the Court
HELD: 1. Section 83 relates to bar of jurisdiction of Civil Court, the relevant words are “any dispute, question or other matter relating to a wakf or wakf property” which is required by or under this Act to be determined by the Tribunal. Thus, bar of jurisdiction of Civil Court is confined only to those matters which are required to be determined by the Tribunal under this Act. [Para 52][87-F]
2. As per Section 6 sub-section (1), if any question arises as to whether a Wakf property in the list of Wakfs is wakf property or not, a suit can be instituted in a Tribunal for the decision of the question which decision shall be treated as final. Limitation for such suit was also provided in proviso as one year from the date of the publication of the list of Wakfs. Sub-section (5) of Section 6 contained the provision barring a suit in any Court after the commencement of the Act in relation to any question referred to in sub-section (1). [Para 64][94-C-D]
3. In CA No. 92 of 2019, the question has arisen as to whether suit property is a Wakf property or not. The suit wherein this question has arisen ought to be considered by the Tribunal. The view of the High Court that right, title and interest of a nonMuslim to the Wakf in a property cannot be put in jeopardy is contrary to the statutory scheme as contained in Section 6 of the Act, 1995. When issue in the suit is as to whether suit property is Wakf property or not, it is covered by specific provision of Sections 6 and 7 of the Wakf Act, 1995, hence, it is required to be decided by the Tribunal under Section 83 and bar under Section
85 shall come into existence with regard to jurisdiction of Civil Court. [Paras 64, 65][94-E-H]
4. The provision contained in proviso to Section 6(1) 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 Wakfs shall be applicable to every person who though not interested in the Wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under Section 4. When Section 6 sub-section
(1) provides for raising a dispute regarding Wakf property in a period of one year, it applies to every person who wants to dispute the list except those who have been not served notice under Section 4(1). [Paras 68, 69][95-G-H, 96-A-B]
Ramesh Gobindram(dead) through LRs. v. Sugra
Humayun Mirza Wakf, (2010) 8 SCC 726 : [2010] 10 SCR 945; Haryana Wakf Board v. Mahesh Kumar
(2014) 16 SCC 45 : [2013] 12 SCR 596; Punjab Wakf Board v. Gram Panchayat (2000) (2) SCC 121 : [1999]
5 Suppl. SCR 127 – relied on
Board of Wakf, West Bengal & another v. Anis Fatma Begum & another (2010) 14 SCC 588 : [2010] 13
SCR 1063; Bhanwar Lal and another v. Rajasthan Board of Muslim Wakf and others (2014) 16 SCC 51 : [2013] 9 SCR 721; Sardar Khan & others v. Syed Nazmul Hasan (Seth) and others (2007) 10 SCC 727 : [2007] 3 SCR 436; Faseela M. v. Munnerul Islam Madrasa Committee and another (2014) 16 SCC 38 : [2014] 4 SCR 613; Akkode Jumayath Palli Paripalana Committee v. P.V. Ibrahim Haji and others (2014) 16 SCC 65 : [ 2013] 7 SCR 1033; Board of Muslim Wakfs, Rajasthan v. Radha Kishan and others, (1979) 2 SCC
468 : [1979] 2 SCR 148 – referred to
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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