Case Note & Summary
The case involves a civil revision application filed by Sohail Azam, original defendant No.1, against an order of the Civil Judge, Senior Division, Biloli, rejecting his objection to the jurisdiction of the Civil Court. The respondent No.1, Mohammed Atiq-Ur-Rehman, had filed Regular Civil Suit No.103/2013 for declaration of subsistence of lease and perpetual injunction. The plaintiff claimed that the defendant, as Mutawalli Inamdar of Dargah Murtuza Shah Wali, had executed a lease deed dated 29.6.1998 in his favour for Block No.17, admeasuring 2 Hectares 80 R, for 99 years against Rs.70,000. The defendant opposed the temporary injunction application and raised an objection that the dispute was triable exclusively by the Waqf Tribunal under the Waqf Act, 1995, and thus the Civil Court had no jurisdiction. The trial Court heard the submissions and held that the scheme of the Waqf Act does not oust the jurisdiction of the Civil Court to try the suit. Aggrieved, the defendant filed this revision. The High Court examined the plaint and the provisions of the Waqf Act, 1995, particularly Sections 83 and 85. The Court noted that the Waqf Tribunal's jurisdiction under Section 83 is limited to matters relating to 'removal of Mutawalli' or 'settlement of schemes'. The present suit for declaration of subsistence of lease does not fall within these categories. The Court held that the Civil Court's jurisdiction is not excluded unless the dispute is specifically covered by the Tribunal's exclusive jurisdiction. The Court dismissed the revision application, upholding the trial Court's order that the Civil Court has jurisdiction to entertain the suit.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Exclusion of Jurisdiction - Section 85 of Waqf Act, 1995 - The issue was whether a suit for declaration of subsistence of lease and perpetual injunction regarding waqf property is barred by Section 85 of the Waqf Act, 1995. The Court held that the dispute regarding validity of a lease granted by a Mutawalli does not fall within the exclusive jurisdiction of the Waqf Tribunal as it does not relate to 'removal of Mutawalli' or 'settlement of schemes' under Section 83 of the Act. The Civil Court's jurisdiction is not ousted unless the dispute is specifically covered by the Tribunal's powers. (Paras 1-10) B) Waqf Act, 1995 - Waqf Tribunal - Exclusive Jurisdiction - Section 83 - The Court examined the scope of Section 83 of the Waqf Act, 1995, which confers jurisdiction on the Waqf Tribunal for matters relating to 'removal of Mutawalli' or 'settlement of schemes'. The Court found that the present suit for declaration of lease subsistence does not involve any such matter, and therefore the Civil Court retains jurisdiction. (Paras 5-9) C) Waqf Act, 1995 - Lease of Waqf Property - Validity - The Court noted that the lease deed was executed by the defendant as Mutawalli in 1998 for 99 years. The plaintiff sought declaration that the lease subsists. The Court held that the validity of such a lease is not a matter exclusively for the Waqf Tribunal, and the Civil Court can adjudicate the same. (Paras 3-4)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit for declaration of subsistence of lease and perpetual injunction in respect of a waqf property, or whether such dispute is exclusively triable by the Waqf Tribunal under the Waqf Act, 1995.
Final Decision
The High Court dismissed the civil revision application, upholding the trial Court's order that the Civil Court has jurisdiction to entertain the suit. The Court held that the dispute regarding validity of a lease granted by a Mutawalli does not fall within the exclusive jurisdiction of the Waqf Tribunal under Section 83 of the Waqf Act, 1995, and therefore the Civil Court's jurisdiction is not barred under Section 85.
Law Points
- Jurisdiction of Civil Court
- Exclusion of Civil Court jurisdiction
- Waqf Tribunal jurisdiction
- Interpretation of Section 85 of Waqf Act
- 1995
- Lease of Waqf property
- Mutawalli's powers
