Supreme Court rules a tenant of a Wakf property can be evicted only by a Civil Court

Supreme Court rules a tenant of a Wakf property can be evicted only by a Civil Court

The Supreme Court has ruled that a tenant of a Wakf property can be evicted only by a Civil Court and not by the Wakf Tribunal.

A bench comprising Justice Markandey Katju and Tirath Singh Thakur disagreed with the views of High Courts of Andhra Pradesh, Rajasthan, Madhya Pradesh, Kerala and Punjab and Haryana and also with the Wakf Tribunal, who have held that only Wakf Tribunal can order the eviction of a tenant as the jurisdiction of the Civil Courts is barred as per sections 6 and 7 of the Wakf Act.

Justice Thakur speaking for the bench ruled that the jurisdiction of the tribunal was limited to deciding whether or not a property was Wakf property and whether a Wakf was a Shia Wakf or Sunni Wakf and sections 6 and 7 of the Wakf Act barred jurisdiction of Civil Courts in the specifically enumerated circumstances.

The apex court further ruled, 'The bar is not complete so as to extend to other questions that may arise in relation to Wakf property.

The contrary view expressed by the tribunal and the Andhra Pradesh High Court is not legally sound. Also, the view taken by the High Courts of Rajasthan, Madhya Pradesh, Kerala and Punjab and Haryana do not declare the law correctly and are over ruled.' The ruling was handed down by the apex court yesterday on an appeal by three tenants of Wakf property whose eviction was ordered by the Andhra Pradesh Wakf Tribunal and their appeal was dismissed by the state High Court holding that the tribunal has the jurisdiction to decide all disputes pertaining to the Wakf property.

Allowing the appeals of the tenants, the apex court further said, 'The right, title and interest of a stranger (a non-Muslim), to the Wakf in a property cannot be put in jeopardy because that property is included in the list of Wakf.

The Wakf Act permitted only the Wakf Board or the Mutawalli (caretaker) of the Wakf or a person interested in the Wakf to move a plea before the tribunal.'