Case Note & Summary
The case involves a civil revision application filed by Abdul Qayyum Khan and others against the Additional Collector, Nanded, and others. The dispute concerns whether certain property is a wakf property. The applicants claimed that the property was not wakf and that the Wakf Tribunal had erroneously applied the presumption under Section 81 of the Wakf Act, 1995 without any evidence. The court examined the record and found that the Tribunal had not considered the documentary evidence produced by the applicants. The High Court held that the presumption under Section 81 can only be invoked after the property is prima facie shown to be wakf. Since the Tribunal failed to do so, its order was set aside and the matter was remanded for fresh consideration. The court emphasized that the burden of proof lies on the party asserting wakf status. The revision was allowed, and the Tribunal was directed to decide the matter afresh after giving both parties an opportunity to lead evidence.
Headnote
A) Wakf Act - Determination of Wakf Property - Presumption under Section 81 - The Wakf Tribunal erred in relying on the presumption under Section 81 of the Wakf Act, 1995 without sufficient evidence to establish that the property was a wakf. The court held that the presumption can only be raised after the property is shown to be wakf by some evidence. (Paras 5-10) B) Civil Procedure - Revisional Jurisdiction - High Court's Power under Section 115 CPC - The High Court can interfere with findings of subordinate courts if there is a jurisdictional error or material irregularity. In this case, the Tribunal's order was set aside for lack of proper evidence. (Paras 11-15) C) Evidence Act - Burden of Proof - Onus to Prove Wakf Status - The burden lies on the party claiming the property as wakf to prove its character. The Tribunal's finding was based on no evidence, hence unsustainable. (Paras 8-12)
Issue of Consideration
Whether the property in question is a wakf property and whether the Wakf Tribunal correctly applied the presumption under Section 81 of the Wakf Act, 1995 without proper evidence
Final Decision
The revision application is allowed. The order of the Wakf Tribunal is set aside. The matter is remanded to the Tribunal for fresh decision after giving opportunity to both parties to lead evidence.
Law Points
- Wakf property determination
- burden of proof
- presumption under Section 81 of Wakf Act
- 1995
- revisional jurisdiction of High Court
- appreciation of documentary evidence
