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Wakf Tribunal cannot entertain matters of tenancy

Raj Kumar Makkad ,
  20 September 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Suit for eviction - Jurisdiction of Wakf Tribunal - Sections 83 and 85 of the Wakf Act, 1995 - Whether under Section 83 of the Act the Wakf Tribunal was competent to entertain and adjudicate upon disputes regarding eviction of the Appellants who were occupying different items of Wakf properties?
Citation :
Ramesh Govindram (Dead) through Lrs. v. Sugra Humayun Mirza Wakf (Decided on 01.09.2010)

Held, the language employed in Section 83 of the Act has been understood to be so wide as to include any dispute, question or other matter relating to a wakf or wakf property. Section 83 of the Act, however, does not deal with the exclusion of the jurisdiction of the Civil Courts to entertain civil suits generally or suit of any particular class or category. Nothing in Section 83 to suggest that it pushes the exclusion of the jurisdiction of the Civil Courts it simply empowers the Government to constitute a Tribunal or Tribunals for determination of any dispute, question of other matter relating to a Wakf or Wakf property which does not ipso facto mean that the jurisdiction of the Civil Courts stands completely excluded by reasons of such establishment . Also the Act does not provide for any proceedings before the Tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a Wakf property or the rights and obligations of the lessor and the lessees of such property . A suit seeking eviction of the tenants from what is admittedly Wakf property could, therefore, be filed only before the Civil Court and not before the Tribunal . Therefore, impugned orders passed by the High Court and those passed by the Wakf Tribunal set aside .

 
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Published in Civil Law
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