BHANWAR LAL & ANR. versus RAJASTHAN BOARD OF MUSLIM WAKF & ORS.

Citation: [2013] 9 S.C.R. 721 · Decided: 09-09-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2013] 9 S.C.R. 721 
BHANWAR LAL & ANR. 
v. 
RAJASTHAN BOARD OF MUSLIM WAKF & ORS. 
(Civil Appeal No. 7902 of 2013) 
SEPTEMBER 9, 2013 
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] 
Rajasthan Wakf Act, 1995: 
A 
B 
s. 85 read with ss. 5, 6 and 7 - Bar of jurisdiction of civil c 
court - Jurisdiction of Tribunal - Explained - Held: In the 
instant case, the suit is for cancellation of sale deed, rent and 
for possession as well as rendition of accounts and for 
removal of trustees -
Suit for possession and rent as also 
for cancellation of sale deed is to be tried by civil court -
0 
However, suit pertaining to removal of trustees and rendition 
of accounts would fall within the domain of the Tribunal -
Since the suit was filed much before the Act came into force, 
the civil court, where the suit was filed, will continue to have 
the jurisdiction over the issue and would be competent to 
E 
decide the same - Jurisdiction. 
The property in dispute being in the possession. of 
the petitioners, respondent no. 1, the Rajasthan Board of 
Muslim Wakf and Respondent No. 2 the Muslim Board 
Committee, claiming it to be a wakf property, filed a civil 
F 
suit for possession of the said property and for rendition 
of accounts as also for a declaration to the effect that the 
sale deed dated 28.2.1983 in favour of the petitioners was 
invalid. The petitioners contested the suit, and all the 
parties led their evidence. When the matter was ready for G 
final hearing, on 2.12.2000, respondents Nos. 1 and 2 filed 
an application uls 85 of the Rajasthan Wakf Act, 1995 
contending that the jurisdiction of the civil court having 
been barred, the suit could not be tried by it and prayed 
721 
H 
722 
SUPREME COURT REPORTS 
[2013] 9 S.C.R. 
A that the plaint be returned to be presented before the 
Tribunal constituted under the Act. The application was 
allowed. The revision petition filed by the petitioners was 
dismissed by the High Court relying upon the judgment 
B 
in Syed /namul Haq Shah's1 case. 
Allowing the appeal, the Court 
HELD: 1.1. As per sub-s. (1) of s. 7 of the Rajasthan 
Wakf Act, 1995, the question whether a particular property 
specified as wakf property in a list of wakfs is wakf 
C property or not has to be decided by the Tribunal and its 
decision is made final; and the jurisdiction of civil court 
stands concluded to decide such a question in view of 
specific bar contained in s.85. The subject matter of a suit 
which can be filed before the Tribunal, relates to the list of 
D Wakfs as published in s.5. If any dispute arises in respect 
of the said list, namely, whether the property specified in 
the said list is Wakf property or not or it is Shia wakf or 
Sunni wakf, suit can be filed for decision on these 
questions. However, as per sub-s. (5) of s.7, if a suit or 
E proceeding subject matter whereof is covered by sub-s.(1) 
of s.6, is already pending in a civil court before the 
commencement of the Act, then such proceedings before 
the civil court would continue and the Tribunal would not 
have any jurisdiction. [para 11 and 15] [730-F-H; 733-E-F] 
F 
G 
1.2. On a conjoint reading of s.7 and s.85 of the Act, 
legal position is summed up as under: 
(i) In respect of the questions/ disputes mentioned in 
sub-s. (1) of s.7, exclusive jurisdiction vests with the 
Tribunal, having jurisdiction in relation to such 
property. 
(ii) Decision of the Tribunal thereon is made final. 
H 
1. 
Syed lnamu/ Haq Shah vs. State of Rajasthan and Anr. AIR 2001 Raj 19. 
BHANWAR LAL & ANR. v. RAJASTHAN BOARD OF 723 
MUSLIM WAKF & ORS. 
(iii) The jurisdiction of the civil court is barred in 
A 
respect of any dispute/ question or other matter 
relating to any wakf, wakf property or other matter, 
which is required by or under the Act, to b~ 
determined by a Tribunal, 
B 
(iv) There is however an exception made u/s 7(5) viz., 
those matters which are already pending before the 
civil court, even if the subject matter is covered 
under sub-s. (1) of s. 6 , the jurisdiction of civil court 
would continue and the Tribunal shall have no the 
jurisdiction to determine those matters. [para 12] 
C 
[731-A-E] 
Sardar Khan and Os. vs. Syed Nazmul Hasan (Seth) and 
Ors. 2007 (3) SCR 436 = 2007 (4) Scale 81= 2007(10) SCC 
727; Ramesh Gobindram (Dead) Through LRs v. Sugra 
D 
Humayun Mirza Wakf; 2010 (10) SCR 945 = 2010 (8) SCC 
726; and Board of Wakf, West Bengal & Anr. v. Anis Fatma 
Begum & Anr. 2010 (13) SCR 1063 = (2010) 14. SCC 588 -
relied
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