Case Note & Summary
The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 30th June 2016 passed by the District Judge-1, Nashik, in Civil Appeal No. 131 of 2015. The District Judge had dismissed the appeal and confirmed the order of the Civil Judge Senior Division, Nashik, dated 30th April 2015, which rejected the plaint under Order VII Rule 11(d) CPC on the ground that the Civil Court had no jurisdiction to entertain the suit in view of Section 85 of the Maharashtra Waqf Act, 1995. The applicant had filed a suit for declaration and injunction in respect of a property that was claimed to be a waqf property by the respondents. The respondents had already obtained an order from the Waqf Tribunal declaring the property as waqf property. The applicant contended that the property was not a waqf property and that the Civil Court had jurisdiction. The respondents argued that the suit was barred by Section 85 of the Maharashtra Waqf Act, 1995, which ousts the jurisdiction of Civil Courts in matters relating to waqf property. The High Court, after considering the submissions and the provisions of the Act, held that the Civil Court's jurisdiction is barred when the property is notified as waqf property and the Waqf Tribunal has exclusive jurisdiction. The court found that the concurrent findings of the courts below were correct and did not suffer from any jurisdictional error or perversity. Accordingly, the revision application was dismissed with no order as to costs.
Headnote
A) Waqf Law - Jurisdiction of Civil Court - Bar under Section 85 of Maharashtra Waqf Act, 1995 - The suit property was claimed to be a waqf property by the respondents and the Waqf Tribunal had already passed an order declaring it as waqf property. The Civil Court held that it had no jurisdiction to entertain the suit in view of Section 85 of the Maharashtra Waqf Act, 1995. The High Court upheld the concurrent findings and dismissed the revision, holding that the Civil Court's jurisdiction is barred when the property is notified as waqf property and the Tribunal has exclusive jurisdiction. (Paras 1-26) B) Civil Procedure Code, 1908 - Section 115 - Revision - Scope - The revisional court under Section 115 CPC cannot interfere with concurrent findings of fact unless there is a jurisdictional error or perversity. The High Court found no such error and dismissed the revision. (Paras 24-26)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit in respect of property which is claimed to be a waqf property, in view of Section 85 of the Maharashtra Waqf Act, 1995?
Final Decision
The High Court dismissed the Civil Revision Application, upholding the concurrent findings of the courts below that the Civil Court has no jurisdiction to entertain the suit in view of Section 85 of the Maharashtra Waqf Act, 1995. No order as to costs.
Law Points
- Jurisdiction of Civil Court barred under Section 85 of Maharashtra Waqf Act
- 1995
- Waqf Tribunal has exclusive jurisdiction
- Concurrent findings of fact not interfered with in revision
- Suit for declaration and injunction in respect of waqf property not maintainable in Civil Court
