Case Note & Summary
The case involves two civil revision applications filed under Section 89(3) of the Wakf Act, 1995 read with Section 115 of the Code of Civil Procedure, 1908, challenging the judgments and orders dated 5.4.2022 passed by the Gujarat State Wakf Tribunal in Wakf Suit No.252 of 2021 and Wakf Suit No.253 of 2021. The lead matter is CRA No.447 of 2022. The respondent, the Administrative Officer of Hajimahmad and Hajihasam Pirmamad Musafarkhana Wakf Trust (registration No.B-127, Jamnagar), filed the suit against the revisionists (tenants) claiming that the demised premises, located near Tinbatti, Jamnagar, on City Survey No.1412, Sheet No.286, Ward No.10 (Old City Survey No.G/1/111), popularly known as Musafarkhana, belonged to the Wakf trust. The premises were rented to Vora Mulla Ibrahim Diwan, and after his death, the revisionists continued to occupy the premises without permission. They paid a monthly rent of Rs.15/- only up to 31.3.2020 and thereafter stopped paying. The Administrative Officer issued a notice directing the revisionists to produce any rent note or document permitting occupation. The Tribunal decreed the suit in favor of the Wakf trust. The revisionists challenged the orders, arguing that the Tribunal lacked jurisdiction because the demised premises were covered under the Rent Control Act, which bars eviction except as per its provisions. The High Court found that the Tribunal had not considered this jurisdictional issue. The Court held that the Tribunal must first determine whether the Rent Control Act applies to the premises. If it does, the tenant cannot be evicted except under that Act. The Court set aside the impugned orders and remanded the matters to the Tribunal for fresh consideration on the issue of jurisdiction. The revisions were allowed accordingly.
Headnote
A) Wakf Law - Jurisdiction of Wakf Tribunal - Eviction Suit - Section 89(3) of the Wakf Act, 1995 read with Section 115 of the Code of Civil Procedure, 1908 - The revision was filed against the order of the Gujarat State Wakf Tribunal decreeing eviction. The High Court held that the Tribunal failed to consider the bar under the Rent Control Act, which ousts the jurisdiction of civil courts and tribunals in matters of eviction of tenants. The matter was remanded for fresh consideration on the issue of jurisdiction. (Paras 1-5) B) Rent Control - Jurisdictional Bar - Eviction of Tenant - Gujarat Rent Control Act - The Court observed that if the demised premises are covered under the Rent Control Act, the tenant cannot be evicted except in accordance with that Act. The Wakf Tribunal must first decide whether the Act applies before proceeding with the eviction suit. (Paras 4-5)
Issue of Consideration
Whether the Gujarat State Wakf Tribunal had jurisdiction to entertain and decide the eviction suit filed by the Wakf Trust against the tenant without first determining the applicability of the Rent Control Act, and whether the impugned orders suffer from jurisdictional error.
Final Decision
The High Court allowed the revisions, set aside the impugned judgments and orders dated 5.4.2022 passed by the Gujarat State Wakf Tribunal in Wakf Suit No.252 of 2021 and Wakf Suit No.253 of 2021, and remanded the matters to the Tribunal for fresh consideration on the issue of jurisdiction, specifically whether the Rent Control Act applies to the demised premises.
Law Points
- Wakf Tribunal jurisdiction
- Rent Control Act bar
- Section 89(3) Wakf Act
- Section 115 CPC
- eviction suit
- tenant protection
- Gujarat Rent Control Act
