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High Court of Karnataka Dismisses Revision Petition in Wakf Property Dispute — Plaintiff Fails to Prove Ownership. The court held that the Wakf Tribunal's finding that the suit property is a public wakf property was based on evidence and not perverse, and no interference was warranted under Section 115 CPC.

High Court: Karnataka High Court Bench: KALABURAGI In Favour of Prosecution
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2026-07-24 23:44:51
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Case Details

2012 LawText (KAR) (01) 68

CRP No. 2045 of 2010

2012-01-05

N. Kumar

Sri Ameet Kumar Deshpande (for petitioner), Sri P.S. Malipatil (for R2 & R3)

Md. Abrar Khan (by natural father Md. Arif Khan)

The State through Deputy Commissioner, Bidar; The Administrator, Karnataka State Board of Wakf; The Chairman, District Wakf Advisory Committee, Bidar; The Commissioner/Secretary to Wakf, Bangalore

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Nature of Litigation

Civil revision petition against judgment and decree of Wakf Tribunal dismissing suit for declaration of ownership and injunction.

Remedy Sought

Petitioner sought to set aside the judgment and decree of the Wakf Tribunal and pass any other appropriate order.

Filing Reason

Petitioner claimed ownership of suit property, but Wakf Tribunal held it was public wakf property.

Previous Decisions

Wakf Tribunal dismissed the suit in O.S. No. 6/2005 on 13.01.2010.

Issues

Whether the Wakf Tribunal erred in dismissing the suit for declaration of ownership and injunction? Whether the High Court can interfere with the Tribunal's findings in revision under Section 115 CPC?

Submissions/Arguments

Petitioner argued that the suit property is his private property and the Tribunal erred in holding it as wakf property. Respondents contended that the property is a public wakf property and the Tribunal's finding is based on evidence.

Ratio Decidendi

The burden of proof lies on the plaintiff to establish his title to the property. In a revision under Section 115 CPC, the High Court cannot re-appreciate evidence or interfere with findings of fact unless they are perverse or without jurisdiction. The Wakf Tribunal's finding that the suit property is a public wakf property was based on evidence and not perverse.

Judgment Excerpts

The plaintiff has preferred this petition against the judgment and decree of the Karnataka Wakf Tribunal, Gulbarga. The court held that the finding of the Tribunal is based on evidence and is not perverse.

Procedural History

The plaintiff filed O.S. No. 6/2005 before the Karnataka Wakf Tribunal, Gulbarga, seeking declaration of ownership and injunction. The Tribunal dismissed the suit on 13.01.2010. The plaintiff then filed CRP No. 2045 of 2010 before the High Court of Karnataka Circuit Bench at Gulbarga under Section 115 CPC, which was dismissed on 05.01.2012.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 115
  • Wakf Act, 1995:
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Wakf property Burden of proof Revision Section 115 CPC Ownership Wakf Tribunal

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