Regarding wakf act

KmeduVishnu (Querist) 24 June 2012 This query is : Resolved
Dear Sir,

If one of the defendant is Wakf Board, then it is mandatory to file a suit only before the Principal Sub Judge Court of the concerned District Headquarters.

If so, for filing First Appeal or filing any CMA, whether it will lie before the concerned District Court or before the High Court.

Kindly clarify it.......

Thanks.

Follow Query

Report Abuse

MohammedRaffiq Bijapur (Expert) 24 June 2012
Yes if one of the defendant is Wakf Board, then notice u/Sec 89 is mandatory.
As regards file of suit is concerned it is before wakf Tribunal constituted under Wakf Act, generally District Judge Court.
And as regard filing of appeal and CMA it shall be with High Court.

KmeduVishnu (Querist) 24 June 2012
Dear Sir,

My Query is:

Already a suit was filed as against the defendants and one of the defendant is Wakf Board.

The Principal Sub Judge Court was also passed a Judgement and Decree as against all the defendants.

But now my Query is against that Judgment and Decree passed by the Principal Sub Judge, before whom the First Appeal will lie? Either before the Principal District Judge (PDJ) or before the High Court?

Because one of the defendant is Wakf Board, as such it involves special provision.