LexFASEELA M. versus MUNNERUL ISLAM MADRASA COMMITTEE & ANR.
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[2014] 4 S.C.R. 613 FASEELA M. v. MUNNERUL ISLAM MADRASA COMMITTEE & ANR. (Civil Appeal Nos. 4250-4252 of 2014) MARCH 31, 2014 [R.M. LODHA AND KURIAN JOSEPH, JJ.] WAKF ACT, 1995: A B ss. 6 (1) and 7 (1) -- Jurisdiction of Wakf Tribunal - Suit c for eviction of tenant from Wakf property - Held: Is exclusively triable by the civil court, as such a suit is not covered by the disputes specified in ss. 6 and 7 of the Act - Jurisdiction. Respondent no.1 Committee filed a suit before Wakf Tribunal for eviction of the appellant, stating that D respondent no. 1 was the landlord and the appellant was the tenant of the suit property which was described as waqf property. The appellant denied the suit property to be the waqf property and challenged the jurisdiction of the Waqf Tribunal in determining the dispute between the E parties. The Waqf Tribunal by its order dated 18.9.2010 directed the plaint to be returned. However, on 19.9.2010, the Waqf Tribunal so motu recalled the order dated 18.9.201 O and posted the matter for 30.9.2010. The appellant filed two revision petitions - one against the F order dated 19.9.2010 and the other for declaration that the Waqf Tribunal had no jurisdiction in the matter. The High Court dismissed both the revision petitions. Allowing the appeals; the court, HELD: The suit for eviction against the tenant relating to a waqf property is exclusively triable by the civil court, as G 613 H 614 SUPREME COURT REPORTS [2014] 4 S.C.R. A such a suit is not covered by the disputes specified in ss. 6 and 7 of the Wakf Act, 1995. This Court fully concurs with the view taken in Ramesh Gobindram, particularly, with regard to construction put by it upon ss. 83 and 85 of the Act. The decision in Bhanwar Lal is not in any B manner inconsistent or contrary to the view taken in Ramesh Gobindram. Therefore, the impugned order cannot be sustained and, as such, is set aside. The order passed by the Waqf Tribunal on 19.09.2010 is also set aside. The order of the Waqf Tribunal passed on c 18.09.2010 Is restored. The civil court shall proceed with the suit accordingly. [Para 16 - 18) [623-C; 624-C-E] Ramesh Gobindram (Dead) through LRS. Vs. Sugra Humayun Mirza Wakf 2010 (10) SCR 945 = (2010) 8 SCC 726 - relied on. Bhanwar Lal & Anr. Vs. Rajasthan Board of D Muslim Wakf and Ors. 2013 SCR 721 = 2013 (11) SCALE 210 - referred to. Board of Wakf, West Bengal & Anr. Vs. Anis Fatma Begum & Anr., 2010 (13) SCR 1063 = (2010) 14 SCC 588 E Sardar Khan and Ors. Vs. Syed Nazmul Hasan (Seth) and Ors. 2007 (3) SCR 436 = (2007) 10 SCC 727 - cited. F Case Law Reference: 2010 (10) SCR 945 2013 SCR 721 relied on referred to 2010 (13) SCR 1063 cited 2007 (3) SCR 436 cited para 11 para 13 para 14 para 14 G CIVIL APPELLAE JURISDICTION : Civil Appeal No. 4250- 4252 of 2014. From the Judgment and Order dated 28.11.2011 of the High Court of Kerala at Ernakulam in CRP (Wakf Act) Nos. 53 H & 56 of 2011 and O.P. (WT) No. 247 of 2011 (A). FASEELA M. v. MUNNERUL ISLAM MADRASA 615 COMMITIEE & ANR. Hari Kumar, G., A. Venayagam Balan for the Appellant. A Renjith Marar, Bineesh K., Sindhu T.P., P.V. Dinesh for the Respondents. The Judgment of the Court was delivered by R.M. LODHA, J. 1. Leave granted. B 2. Sections 6 and 7 of the Waqf Act, 1995 (for short, 'Act') provide for determination of certain disputes regarding auqaf only by the Waqf Tribunal. These provisions as amended by Act C 27/2013 read as under: "Section 6. Disputes regarding auqaf.- (1) If any question arises whether a particular property specified as waqf property in the list of auqaf is waqf property or not or whether a waqf specified in such list is a Shia waqf or D Sunni waqf, the Board or the mutawalli of the waqf or any person aggrieved may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: . E Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of auqaf. Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a F second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4. (2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any waqf shall G be stayed by reason
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