Case Note & Summary
The dispute arose from a suit for eviction filed by the Munnerul Islam Madrasa Committee against the appellant, Faseela M., claiming that the property in question was waqf property and that the appellant was a tenant. The appellant contested the characterization of the property as waqf and challenged the jurisdiction of the Waqf Tribunal. Initially, the Waqf Tribunal directed the plaint to be returned to the civil court but later recalled this order, asserting its jurisdiction over the matter. The appellant subsequently filed two revision petitions in the High Court, both of which were dismissed, leading to the present appeals. The core legal issue was whether the eviction suit was within the exclusive jurisdiction of the Waqf Tribunal or if it could be tried by the civil court. The Supreme Court analyzed Sections 6 and 7 of the Waqf Act, 1995, alongside Sections 83 and 85, which delineate the powers and jurisdiction of the Waqf Tribunal. The Court referred to the precedent set in Ramesh Gobindram, which clarified that eviction suits concerning waqf properties are not covered by the exclusive jurisdiction of the Waqf Tribunal and must be adjudicated by civil courts. The Court ultimately restored the Waqf Tribunal's original order directing the plaint to be returned to the civil court, allowing the civil court to proceed with the suit. The appeals were allowed with no order as to costs.
Headnote
A) Waqf Law - Jurisdiction of Waqf Tribunal - Exclusive Jurisdiction - Waqf Act, 1995, Sections 6, 7 - The court held that the suit for eviction against the tenant relating to waqf property is triable by the civil court as it is not covered by the disputes specified in Sections 6 and 7 of the Act. The decision in Ramesh Gobindram was reaffirmed, establishing that civil courts retain jurisdiction over eviction suits concerning waqf properties (Paras 11-18).
Issue of Consideration
Whether the suit for eviction by the landlord against the tenant relating to waqf property is triable by the civil court or lies within the exclusive jurisdiction of the Waqf Tribunal.
Final Decision
The Supreme Court set aside the impugned order of the High Court and restored the Waqf Tribunal's order dated 18.09.2010, directing the civil court to proceed with the suit.
Law Points
- exclusive jurisdiction
- Waqf Tribunal
- civil court
- eviction suit
- waqf property
