Case Note & Summary
The applicant, Mansoor s/o Kasim Mulla, claimed to be the founder member and President of the Jumma Masjid Trust at Gadhinglaj, Kolhapur. The Trust was initially registered under the Bombay Public Trust Act in 1989 and later under the Wakf Act, 1995 in 2007. After registration, elections were held on 6 July 2008, and the applicant was re-elected. However, respondent No.1, Guddu Saheb Ibrahim Mugale, was a member of the earlier managing committee. The Wakf Board, by order dated 1 December 2007 in case No.42/54/2007, appointed a committee under Section 65 of the Wakf Act, 1995 to manage the wakf. The applicant challenged this order before the Maharashtra Wakf Tribunal, which confirmed the Board's order on 11 June 2008. The applicant then filed the present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908. The High Court heard the parties and examined the facts. The court noted that the Board had received a report from the Chief Executive Officer indicating mismanagement and disputes in the trust. The Board, in exercise of its powers under Section 65 of the Wakf Act, appointed a committee to ensure proper management. The Tribunal found no infirmity in the Board's order. The High Court held that the power under Section 65 is wide and the Board's satisfaction is not open to challenge unless it is perverse or mala fide. The applicant failed to show any jurisdictional error in the orders. Consequently, the Civil Revision Application was dismissed with no order as to costs.
Headnote
A) Wakf Law - Appointment of Committee - Section 65 of Wakf Act, 1995 - Power of Board to appoint committee for management of wakf - The Board appointed a committee under Section 65 after considering the report of the Chief Executive Officer regarding mismanagement and disputes in the Jumma Masjid Trust. The Tribunal confirmed the order. The High Court held that the Board's power under Section 65 is wide and can be exercised when the Board is satisfied that the wakf property is not properly managed. The revision was dismissed as no jurisdictional error was shown. (Paras 1-10) B) Civil Procedure - Revision - Section 115 CPC - Scope of revision - The court noted that the Civil Revision Application under Section 115 CPC is limited to jurisdictional errors. The applicant failed to demonstrate any such error in the orders of the Tribunal or the Board. (Para 2)
Issue of Consideration
Whether the Wakf Tribunal erred in confirming the order of the Wakf Board appointing a committee under Section 65 of the Wakf Act, 1995, and whether the Civil Revision Application is maintainable against such order.
Final Decision
Civil Revision Application dismissed. No order as to costs.
Law Points
- Wakf Act
- 1995
- Section 65
- Power of Board to appoint committee
- Removal of Mutawalli
- Civil Revision jurisdiction limited to jurisdictional error
