PUNJAB WAKF BOARD versus SHAM SINGH HARIKE

Citation: [2019] 2 S.C.R. 61 · Decided: 07-02-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off

Cited by 3 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
61
PUNJAB WAKF BOARD
v.
SHAM SINGH HARIKE
(Civil Appeal No. 92 of  2019)
FEBRUARY 07, 2019
[ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]
Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to
entertain suit – Held: The constitution of Wakf Tribunal is  for the
determination of any dispute, question or other matter relating to
wakf or wakf property under the Act, 1995 –  s.83 relates to bar of
jurisdiction of Civil Court, the relevant words are “any dispute,
question or other matter relating to a wakf or wakf property” which
is required by or under this Act to be determined by the Tribunal –
Thus, bar of jurisdiction of Civil Court is confined only to those
matters which are required to be determined by the Tribunal under
this Act – When issue in the suit is as to whether suit property is
Wakf property or not, it is covered by specific provision of ss.6 and
7 of the Act, 1995, therefore, it is required to be decided by the
Tribunal under s.83 and bar under s.85 shall come into existence
with regard to jurisdiction of Civil Court.
Wakf Act, 1995: s.6(1), proviso – List of Wakf property
published under s.5 – Who has right to dispute and the limitation
period – Held: The provision contained in proviso to s.6(1) 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 Wakfs shall
be applicable to every person who though not interested in the Wakf
concerned, is interested in such property and to whom a reasonable
opportunity had been afforded to represent his case by notice served
on him in that behalf during the course of the relevant inquiry under
s.4 – When s.6 sub-section (1) provides for raising a dispute
regarding Wakf property in a period of one year, it applies to every
person who wants to dispute the list except those who have been
not served notice under s.4(1) of the Act.
Disposing of the appeals, the Court
HELD: 1.  Section 83 relates to bar of jurisdiction of Civil
Court, the relevant words are “any dispute, question or other
matter relating to a wakf or wakf property” which is required by
[2019] 2 S.C.R. 61
61
A
B
C
D
E
F
G
H
62
                   SUPREME COURT REPORTS            [2019] 2 S.C.R.
or under this Act to be determined by the Tribunal. Thus, bar of
jurisdiction of Civil Court is confined only to those matters which
are required to be determined by the Tribunal under this Act.
[Para 52][87-F]
2. As per Section 6 sub-section (1), if any question arises
as to whether a Wakf property in the list of Wakfs is wakf property
or not, a suit can be instituted in a Tribunal for the decision of the
question which decision shall be treated as final.  Limitation for
such suit was also provided in proviso as one year from the date
of the publication of the list of Wakfs. Sub-section (5) of Section 6
contained the provision barring a suit in any Court after the
commencement of the Act in relation to any question referred to
in sub-section (1). [Para 64][94-C-D]
3. In CA No. 92 of 2019, the question has arisen as to
whether suit property is a Wakf property or not. The suit wherein
this question has arisen ought to be considered by the Tribunal.
The view of the High Court that right, title and interest of a non-
Muslim to the Wakf in a property cannot be put in jeopardy is
contrary to the statutory scheme as contained in Section 6 of the
Act, 1995. When issue in the suit is as to whether suit property
is Wakf property or not, it is covered by specific provision of
Sections 6 and 7 of the Wakf Act, 1995, hence, it is required to be
decided by the Tribunal under Section 83 and bar under Section
85 shall come into existence with regard to jurisdiction of Civil
Court. [Paras 64,  65][94-E-H]
4. The provision contained in proviso to Section 6(1) 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 Wakfs
shall be applicable to every person who though not interested in
the Wakf concerned, is interested in such property and to whom
a reasonable opportunity had been afforded to represent his case
by notice served on him in that behalf during the course of the
relevant inquiry under Section 4.  When Section 6 sub-section
(1) provides for raising a dispute regarding Wakf property in a
period of one year, it applies to every person who wants to dispute
the list except those who have been not served notice under
Section 4(1). [Paras 68, 69][95-G-H, 96-A-B]
A
B
C
D
E
F

Excerpt shown. Read the full judgment & AI analysis in Lexace.