Case Note & Summary
The petitioner, Md. Abrar Khan, through his natural father Md. Arif Khan, filed a civil suit (O.S. No. 6/2005) before the Karnataka Wakf Tribunal, Gulbarga, seeking a declaration of ownership and permanent injunction in respect of certain property. The petitioner claimed that he was the absolute owner of the suit property and that the respondents, including the State of Karnataka through the Deputy Commissioner, Bidar, the Administrator of Karnataka State Board of Wakf, the Chairman of District Wakf Advisory Committee, and the Commissioner/Secretary to Wakf, were interfering with his possession without any right. The respondents contended that the property was a Wakf property and that the suit was barred under Section 85 of the Wakf Act, 1995, which vests exclusive jurisdiction in the Wakf Tribunal to decide disputes relating to Wakf properties. The Wakf Tribunal, by its judgment and decree dated 13.01.2010, dismissed the suit holding that it had no jurisdiction to entertain the suit as the property was Wakf property and the civil court's jurisdiction was barred. Aggrieved, the petitioner filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) before the High Court of Karnataka. The High Court examined the scope of Section 85 of the Wakf Act, 1995, and held that the bar applies only to disputes where the character of the property as Wakf is admitted or established. In the present case, the plaintiff denied that the property was Wakf and claimed independent ownership. The High Court observed that the Wakf Tribunal cannot decide the question of title when the plaintiff's claim is based on independent ownership. The court further noted that the exclusion of civil court's jurisdiction must be strictly construed and that the civil court has jurisdiction to decide the issue of title. Consequently, the High Court allowed the revision petition, set aside the order of the Wakf Tribunal, and directed the Tribunal to proceed with the suit on merits, holding that the suit is maintainable.
Headnote
A) Wakf Law - Jurisdiction of Civil Court - Bar under Section 85 of Wakf Act, 1995 - The question was whether a suit for declaration of title and injunction filed by a person claiming to be the owner of property, which was claimed by the Wakf Board as Wakf property, is barred by Section 85 of the Wakf Act, 1995. The High Court held that the bar under Section 85 applies only to disputes relating to Wakf properties as defined under the Act, and if the plaintiff denies the character of the property as Wakf, the civil court has jurisdiction to decide the issue of title. The Wakf Tribunal cannot decide the question of title when the plaintiff claims ownership independent of Wakf. (Paras 5-10) B) Wakf Law - Suit for Declaration of Title - Maintainability - The plaintiff filed a suit for declaration that he is the owner of the suit property and for injunction against the Wakf Board. The Wakf Tribunal dismissed the suit as barred under Section 85 of the Wakf Act, 1995. The High Court set aside the order, holding that the civil court has jurisdiction to entertain the suit as the plaintiff's claim of ownership is not based on any Wakf right but on independent title. The court relied on the principle that the exclusion of civil court's jurisdiction is not to be readily inferred and must be expressly provided. (Paras 8-12)
Issue of Consideration
Whether the suit filed by the plaintiff for declaration of ownership and injunction in respect of property allegedly belonging to Wakf is barred under Section 85 of the Wakf Act, 1995, and whether the Wakf Tribunal has exclusive jurisdiction to decide such disputes.
Final Decision
The High Court allowed the Civil Revision Petition, set aside the judgment and decree of the Karnataka Wakf Tribunal dated 13.01.2010 in O.S. No. 6/2005, and directed the Tribunal to proceed with the suit on merits in accordance with law.
Law Points
- Jurisdiction of Civil Court
- Bar of Suits under Wakf Act
- 1995
- Section 85 of Wakf Act
- Section 115 CPC
- Interpretation of statutory bar
- Maintainability of suit for declaration of title
