Case Note & Summary
The case involves a civil revision application filed by the original defendants (petitioners) against the decree passed by the Maharashtra Waqf Tribunal at Aurangabad in Waqf Suit No.21/2007. The respondent No.1, Hindustani Momin Banarasi Jaatiche Panch Mandali, Yeola (Baherchi Masjid), through its managing trustees, filed the suit seeking recovery of possession of Survey No. 11-A of village Yeola, admeasuring 4 Hectares 02 R, claiming it as Waqf property belonging to the Masjid for religious, pious, and charitable purposes. The plaintiff alleged that the defendants were encroachers on the Waqf property. The suit was decreed by the Tribunal, leading to the present revision. The defendants contended that the Tribunal lacked jurisdiction as the plaintiff was registered under the Bombay Public Trusts Act and that the suit was barred by limitation, claiming adverse possession for over 12 years. The High Court examined the provisions of the Waqf Act, 1995, particularly Sections 83 and 85, which confer exclusive jurisdiction on the Waqf Tribunal over Waqf properties and bar the jurisdiction of Civil Courts. The Court held that the Tribunal had jurisdiction despite the registration under the Bombay Public Trusts Act. On the issue of adverse possession, the Court relied on Section 107 of the Waqf Act, which provides that the provisions of the Limitation Act shall not apply to any suit for recovery of Waqf property. Therefore, the defendants' claim of adverse possession was not maintainable. The Court dismissed the revision application, upholding the Tribunal's decree for possession.
Headnote
A) Waqf Law - Jurisdiction of Waqf Tribunal - Section 83, Waqf Act, 1995 - Suit for possession of Waqf property - The Waqf Tribunal has exclusive jurisdiction to decide disputes relating to Waqf property, including suits for possession against encroachers. The Civil Court's jurisdiction is barred under Section 85 of the Act. The Tribunal correctly decreed the suit for possession. (Paras 1-10) B) Waqf Law - Adverse Possession - Waqf Property - Section 107, Waqf Act, 1995 - The bar of limitation under the Limitation Act does not apply to suits for recovery of Waqf property. Adverse possession cannot be claimed against Waqf property as it is held for religious and charitable purposes. The defendants' plea of adverse possession was rightly rejected. (Paras 11-15) C) Waqf Law - Registration under Bombay Public Trusts Act - Effect on Waqf Tribunal jurisdiction - The fact that the plaintiff trust is registered under the Bombay Public Trusts Act does not oust the jurisdiction of the Waqf Tribunal under the Waqf Act, 1995. The Tribunal has concurrent jurisdiction over Waqf properties. (Paras 5-8)
Issue of Consideration
Whether the Waqf Tribunal had jurisdiction to entertain the suit for possession of Waqf property and whether the defendants could claim adverse possession against Waqf property.
Final Decision
The High Court dismissed the civil revision application, upholding the decree of the Waqf Tribunal for recovery of possession of the suit property in favor of the plaintiff trust.
Law Points
- Waqf property not subject to adverse possession
- Section 107 of Waqf Act
- 1995 bars limitation for recovery of Waqf property
- Bombay Public Trusts Act registration does not oust Waqf Tribunal jurisdiction
- Civil Court jurisdiction barred under Section 85 of Waqf Act
- 1995
