Case Note & Summary
The case involves a civil revision application filed by four applicants (original plaintiffs) against the judgment and order of the Wakf Tribunal, Aurangabad, in Wakf Suit No. 84/2008. The suit was filed by the plaintiffs seeking a declaration that the suit property, land Survey No. 8 admeasuring 23 acres 1 guntha situated at village Wajegaon, Nanded, is not wakf property, along with cancellation of entry No. 75 in Part 'C' of the Gazette and a permanent injunction. The plaintiffs claimed that the property was initially granted as a Madatmash Inam by the Nizam of Hyderabad in 1296 Fasli (1887 A.D.) to one Mohd. Moinuddin for rendering services to a mosque. They contended that upon the abolition of Inams under the Hyderabad Inam and Cash Grants Abolition Act, 1954, occupancy rights were conferred on Kishanlal s/o Parshuram Gawli, and subsequently the plaintiffs purchased the property from the successors of Kishanlal. The Maharashtra State Board of Wakfs (respondent No. 1) and Jama Masjid, Wajegaon (respondent No. 2) opposed the suit, asserting that the property is wakf. The Wakf Tribunal dismissed the suit, holding that the property is wakf. The High Court, in revision, examined the nature of the Madatmash grant and held that such grants, being for service to a mosque, are wakf by user. Upon abolition, occupancy rights were conferred on the tenant, not the Inamdar, and the property retained its wakf character. The court further held that the Wakf Tribunal had jurisdiction under Section 83 of the Wakf Act, 1995. The revision was dismissed, affirming the Tribunal's order.
Headnote
A) Wakf Property - Madatmash Grant - Nature of Grant - A Madatmash grant given for rendering services to a mosque is a wakf by user under Section 3(r) of the Wakf Act, 1995 - The court held that such grants are not personal but attached to the office of service, and upon abolition under the Hyderabad Inam and Cash Grants Abolition Act, 1954, occupancy rights were conferred on the tenant, not the Inamdar, and the property retained its wakf character (Paras 2-5). B) Wakf Tribunal - Jurisdiction - Suit for Declaration that Property is Not Wakf - Under Section 83 of the Wakf Act, 1995, the Wakf Tribunal has exclusive jurisdiction to decide disputes regarding wakf property - The court held that the suit filed by the plaintiffs seeking declaration that the property is not wakf and cancellation of gazette entry was maintainable before the Tribunal, and the Tribunal correctly dismissed it (Paras 1, 6). C) Hyderabad Inam and Cash Grants Abolition Act, 1954 - Abolition of Madatmash Grant - Effect on Occupancy Rights - Upon abolition of Madatmash grant, occupancy rights were conferred on the actual cultivator, not the Inamdar - The court held that the Inamdar's rights were extinguished and the property continued to be wakf, as the grant was for religious purpose (Paras 3-5).
Issue of Consideration
Whether the suit property, originally a Madatmash Inam grant for mosque services, became wakf property under the Hyderabad Inam and Cash Grants Abolition Act, 1954, and whether the Wakf Tribunal had jurisdiction to decide the suit.
Final Decision
The Civil Revision Application is dismissed. The judgment and order of the Wakf Tribunal, Aurangabad, in Wakf Suit No. 84/2008 is confirmed.
Law Points
- Wakf property
- Madatmash grant
- Inam abolition
- occupancy rights
- Wakf Tribunal jurisdiction
- Section 83 Wakf Act 1995
