LexBOARD OF WAKF, WEST BENGAL versus ANIS FATMA BEGUM AND ANR.
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[2010] 13 (ADDL.) S.C.R. 1063 BOARD OF WAKF, WEST BENGAL v. ANIS FATMA BEGUM AND ANR. (Civil Appeal No. 5297 of 2004) NOVEMBER 23, 2010 [MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.] Wakf Act, 1995: ss.83, 84- Jurisdiction of Wakf Tribunal to entertain dispute relating to wakf or wakf property - Held: A B Wakf Tribunal has been constituted for deciding any dispute, C question or other matters relating to wakf or wakf property - All matters pertaining to wakf should be filed in the first instance before the Wakf Tribunal and should not be entertained by the civil court or by High Court straightaway ul Article 226 of the Constitution - Wakf Tribunal has all the D powers of civil court under Code of Civil Procedure - The party can approach the Wakf Tribunal even if no order has been passed under the Act against which he is aggrieved - Jurisdiction - Code of Civil Procedure, 1908 - Constitution of India, 1950 - Article 226. E Jurisdiction: If there is special law providing for special forum then recourse cannot be taken to general law - Wakf Act, 1995. The dispute pertained to the Wakf estate of one F Shahzadi Begum which was created by a registered deed of Wakf dated 22.09.1936. By the said Wakf Deed, the Wakf was created with the object of dedicating the property in dispute, partly for the benefit of the Wakita, her family and descendants and partly for pious and G religious purposes. In order to give effect to the object of the Wakf, the property was demarcated and/or divided into two portions having 75% share for Wakf-al-al-aulad and 25% share for pious and religious purposes. The 1063 H 1064 SUPREME COURT REPORTS [2010) 13 (ADDL.) S.C.R. A · Wakf was enrolled under the appropriate laws then prevailing, and registered as a Wakf Estate. The said property was partitioned by keeping 75% thereof for the benefit of the descendants of the family of the Wakita in terms of the Wakf Deed and the remaining 25% for B religious and charitable purposes. Dispute arose between the parties. A suit for demarcation was filed before the High Court. The High Court held that the demarcation of the Wakf property was not correct and the Wakf Act, 1995 was not applicable for the portion of the said property c divided and earmarked for Wakf-al-al-aulad. The question which arose for consideration in the instant appeal was whether only the Wakf Tribunal has jurisdiction in the matter under the Wakf Act, 1995 and, therefore, the suit for demarcation of wakf property filed D in the High Court was without jurisdiction. Allowing the appeal, the Court HELD: 1. All matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal E constituted under Section 83 r•i the Wakf Act, 1995 and should not be entertained by the civil court or by the High Court straightaway under Article 226 of the Constitution of India. [Para 10] [1068-G] F 2.1. The Wakf Act, 1995 is a recent parliamentary statute which has constituted a Special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the courts in India G and they were occupying a lot of time of all the courts in the country, which resulted in increase in the pendency of cases in the courts. The Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words "any dispute, question or other H BOARD OF WAKF, WEST BENGAL v. ANIS FATMA 1065 BEGUM AND ANR. matters relating to a Wakf or Wakf property" appearing A in Sections 83 and 84 of Act are words of very wide connotation. The word 'Wakf' has been defined in Section 3 (r) of the Wakf Act, 1995 and, therefore, once the property is found to be a Wakf property as defined in Section 3 (r), then any dispute, question or other matter B relating to it should be agitated before the Wakf Tribunal. [Paras 11, 14] [1068-H; 1069-A; 1069-F-H; 1070-A] 2.2. Under Section 83 (5) of the Wakf Act, 1995, the Tribunal has all powers of the civil court under the Code C of Civil Procedure, and hence it has also powers under Order 39 Rules 1, 2 and 2A, CPC to grant temporary injunctions and enforce such injunctions. Hence, a full- fledged remedy is available to any party if there is any dispute, question or other matter relating to a Wakf or Wakf property. [Para 15] [1070-B] D 2.3. The party can approach the Wak
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