Wakf act sec 5,6,7 and 85 bar of civil court jurisdiction? how far is it correct?

Jeevan (Querist) 21 October 2012 This query is : Resolved

Hello All,

My question is with regards to jurisdiction of civil courts with respect to a private property.

If any wakf institute alleges that a specific property is a wakf property and tries to encroach upon based on oral gift,( interestingly the wakf is not listed in the wakf properties )and the property is in possession and enjoyment of third parties by way of partition decree. In the above context should I approach wakf tribunal for permanent injunction or for declaration of title?

Cant i file a suit in a civil court for permanent injunction. Is Sec 85 of Wakf Act absolute, Sec 5,6,7 clearly suggests only listed wakf properties should be dealt with tribunal?

Please suggest me the approach and clarify and suggest proposition of law. Greatly appreciate any help.

Regards
Jeevan

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Raj Kumar Makkad (Expert) 02 December 2012
You need to get injunction from Wakaf Tribunal which has specially constituted fro this purpose as jurisdiction of civil court is specifically barred.