Case Note & Summary
The present civil revision application was filed by the managing committee of Khatik Masjid Shaniwar Peth, Satara (the petitioners) challenging the judgment and order of the Wakf Tribunal in Wakf Appeal No.2 of 2008. The Wakf Tribunal had dismissed the appeal filed by the respondents (Smt. Salimabi Shamsher Shaikh and others, and the Maharashtra Wakf Board) against an order of the Wakf Board made under Section 40 of the Wakf Act, 1995. The Wakf Board, after an inquiry, had ordered that property bearing C.T.S. No.132 situated at Satara city be registered as Wakf property belonging to the Masjid. The petitioners had earlier filed two applications before the Wakf Board under Sections 36 and 40 of the Act. The first application for registration of the Wakf was disposed of by the Chief Officer on the ground that the Wakf was already registered in 1970 as a trust under the Bombay Public Trust Act, 1950, and by virtue of Section 43 of the Wakf Act, 1995, there was a deemed registration. The second application under Section 40 led to the inquiry and the order declaring the property as Wakf. The respondents appealed to the Wakf Tribunal, which dismissed the appeal. The High Court, after hearing both sides, found no merit in the revision petition. The court held that since the property was already registered as a trust under the Bombay Public Trust Act, 1950, it is deemed to be registered as Wakf under Section 43 of the Wakf Act, 1995. The court also noted that the Wakf Tribunal had correctly appreciated the facts and law. Accordingly, the civil revision application was dismissed, and the order of the Wakf Tribunal was upheld.
Headnote
A) Wakf Property - Deemed Registration - Section 43 of Wakf Act, 1995 - Property already registered as a trust under Bombay Public Trust Act, 1950 is deemed to be registered as Wakf under Section 43 of the Wakf Act, 1995 - The Wakf Board's order under Section 40 of the Act declaring the property as Wakf was upheld by the Wakf Tribunal - The High Court found no error in the Tribunal's decision and dismissed the revision petition (Paras 1-5).
Issue of Consideration
Whether the property bearing C.T.S. No.132 situated at Satara city is a Wakf property and whether the Wakf Board's order under Section 40 of the Wakf Act, 1995 declaring it as such is valid, and whether the Wakf Tribunal's dismissal of the appeal against that order is correct.
Final Decision
The civil revision application is dismissed. The order of the Wakf Tribunal in Wakf Appeal No.2 of 2008 is upheld.
Law Points
- Deemed registration under Section 43 of Wakf Act
- 1995
- Section 36 and 40 of Wakf Act
- Bombay Public Trust Act
- 1950
- Wakf Tribunal jurisdiction
Case Details
2015 LawText (BOM) (12) 1
Civil Revision Application No. 10 of 2014
Mr. V. D. Sapkal for Petitioners, Mr. A. K. Gawali for Respondent No.1
The Khatik Masjid Wakf/ Trust through its Mutwallis (9 individuals)
Smt. Salimabi Shamsher Shaikh and others, The Maharashtra Wakf Board
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Nature of Litigation
Civil revision application challenging the judgment and order of the Wakf Tribunal in Wakf Appeal No.2 of 2008.
Remedy Sought
The petitioners sought to set aside the Wakf Tribunal's order which upheld the Wakf Board's order declaring property C.T.S. No.132 as Wakf property.
Filing Reason
The petitioners, managing committee of Khatik Masjid, challenged the Wakf Tribunal's dismissal of the appeal against the Wakf Board's order under Section 40 of the Wakf Act, 1995.
Previous Decisions
The Wakf Board, after an inquiry under Section 40, ordered registration of the property as Wakf. The Wakf Tribunal dismissed the appeal against that order.
Issues
Whether the property C.T.S. No.132 is Wakf property.
Whether the Wakf Board's order under Section 40 of the Wakf Act, 1995 was valid.
Whether the Wakf Tribunal erred in dismissing the appeal.
Submissions/Arguments
Petitioners argued that the property was already registered as a trust under Bombay Public Trust Act, 1950 and thus deemed registered as Wakf under Section 43 of the Wakf Act, 1995.
Respondents supported the Wakf Board's order declaring the property as Wakf.
Ratio Decidendi
A property already registered as a trust under the Bombay Public Trust Act, 1950 is deemed to be registered as Wakf under Section 43 of the Wakf Act, 1995. The Wakf Tribunal correctly appreciated the facts and law, and no interference is warranted.
Judgment Excerpts
It appears that the present petitioners, the managing committee of Khatik Masjid Shaniwar Peth, Satara had filed two applications before Wakf Board and they were under section 36 and 40 of the Act.
The first application was disposed of by the Chief Officer by observing that the Wakf was already registered in the year 1970 as a trust under Bombay Public Trust Act as the said Act was applicable in that area and in view of provision of section 43 of the Act there was a deemed registration in favour of the Wakf.
Procedural History
The petitioners filed applications under Sections 36 and 40 of the Wakf Act, 1995 before the Wakf Board. The first application was disposed of noting deemed registration under Section 43. The second application led to an inquiry under Section 40, and the Wakf Board ordered registration of the property as Wakf. The respondents appealed to the Wakf Tribunal, which dismissed the appeal. The petitioners then filed the present civil revision application in the High Court.
Acts & Sections
- Wakf Act, 1995: 36, 40, 43
- Bombay Public Trust Act, 1950:
