Wakf Act 1995 (43 of 1995) Section 85 - Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973) Section 13 – Eviction – There is no dispute regarding the title of Wakf Board - Both the parties i.e. landlord as well as tenants are claiming under Wakf Board - It is admitted fact that Wakf Board had initially leased the demised premises – After allotment, neither possession has been surrendered by the allottee in favour of Wakf Board nor the Wakf Board has initiated any proceedings – A perusal of Section 85 Waqf Act shows that it bars the jurisdiction of the Civil Court or any authority established under law in cases where there is any dispute, question or other matter relating to any waqf, waqf property required by or under this Act to be determined by the Tribunal is involved - In the ejectment petitions filed – The bar of jurisdiction is not attracted in this case as the matter in issue is between landlord and tenant and not with the Wakf Board. (2018-2) PUNJAB LAW REPORTER

Wakf Act, 1995 (29 of 1995) Section 83 – Plaintiffs challenge the certain action of the Wakf Board and has pointed out certain alleged illegalities committed by the officials – Sub-Section 4 of Section 83 as amended in 2013 further provides that the Tribunal has to be multi member Tribunal having specialist in their fields - Hence, in the considered view of this Court, the jurisdiction of the Wakf Tribunal cannot be only restricted to the cases where the question involved is whether the property is wakf or not - The words “any dispute question or other matter relating to wakf or wakf property” which existed even before 2013 amending Act have to be given meaning – Wakf (Amendment) Act, 2013 (27 of 2013). (2018-3) PUNJAB LAW REPORTER

Wakf Act, 1995 (43 of 1995) Section 7(1)(h) – Any such question which has been heard and decided by a Civil Court in a suit instituted before such commencement, the Tribunal shall not re-open such question – Once the Act under which the Tribunal has been constituted clearly bars the jurisdiction of the Tribunal to entertain and re-open such question which had been finally decided by the Competent Court before the commencement of such Act.  (2018-1) PUNJAB LAW REPORTER

Wakf Board Act, 1995, Section 85 – It has come on record by way of the Jamabandi and Khasra Girdawari that the plaintiffs have been in cultivating possession of the suit land - Although the plaintiffs, originally, claimed to be the allottee of the suit land - That it is shown to be vacant land since it has been declared to be a burial ground by issuance of the notification, is totally immaterial for the purpose of present controversy - Even if the land is declared to be a burial ground, still the person in possession cannot be forcibly thrown out of the land, merely on the basis of notification - Still the legal proceedings for his ejectment, if permissible under law, have to be undertaken by the respondent-Board  - Plaintiffs have come before the Court only after the Board attempted to use this land as a burial ground, after declaring the same as such by a notification - Therefore, this fact itself is no ground to deny the injunction to the plaintiffs, which was claimed by them on the basis of the existing revenue record showing him in possession of the suit property. (2018-1 ) PUNJAB LAW REPORTER

Waqf Act 1995 (29 of 1995) Section 107 – Punjab Security of Land Tenures Act 1953 (10 of 1953) Section 14-A (ii) – Revenue courts refused to order the ejectment on the ground that entry in the revenue record does not show that the Waqf Board is owner of the property - Court finds that the findings arrived at by the revenue courts would not operate as resjudicata - Further, the revenue courts were deciding the ejectment petitions under Section 14 of the 1953 Act, which is a summary proceeding - The ejectment petition is not tried as a regular suit - Such finding of the revenue courts cannot be binding on the civil suit – Civil Procedure Code 1908 (V of 1908) Section 11. (2018-2) PUNJAB LAW REPORTER

Waqf Act 1995 (29 of 1995) Section 7 – Issue which needs determination is, whether the property is Waqf or not - Such issue is to be exclusively determined by the Waqf Tribunal - Hon’ble the Supreme Court, while interpreting the provisions of the Waqf Act, 1995, has held that the jurisdiction of the Waqf Tribunal is exclusive where the dispute is whether the property is waqf or not.    (2018-2) PUNJAB LAW REPORTER



Register SCeJ  Free Updates*

Supreme Court e@journal

Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.