The Wakf Act, 1995 does not apply to pending suits, appeals, or revisions initiated before its commencement on 1. 1. 1996, as per the exceptions provided in Sub-section (5) of Section 7.

Headnote:
Wakf Act - Jurisdiction - Section 85, Section 6, Section 7 - The judgment discusses the applicability of the Wakf Act, 1995 to pending suits, appeals, and revisions. It highlights the exceptions provided in Sub-section (5) of Section 7 and the interpretation of Section 85 regarding the jurisdiction of Civil Courts in matters related to wakf property.
Fact of the Case:

The appeal challenges the order of the High Court setting aside the judgment and decree passed by the Addl. District Judge and directing the parties to approach the Wakf Tribunal. The dispute arose from a civil suit filed by the Plaintiffs, who argued that the Civil Court lacked jurisdiction due to Section 85 of The Wakf Act, 1995.
Finding of the Court:

The Court found that the Wakf Act, 1995 does not apply to pending suits, appeals, or revisions initiated before its commencement on 1. 1. 1996. It held that the learned Single Judge erred in relying solely on Section 85 and set aside the impugned order, remitting the matter back to the High Court for expeditious decision.
Issues: The main issue was the jurisdiction of the Civil Court in a dispute related to wakf property, considering the provisions of the Wakf Act, 1995.
Ratio Decidendi: The Court's decision was based on the interpretation of Section 85 and Sub-section (5) of Section 7 of the Wakf Act, 1995, which exempt pending suits and proceedings from the Act's jurisdiction.
Final Decision: The impugned order was set aside, and the matter was remitted back to the High Court for expeditious decision. The appeal was disposed of with no order as to costs.

( 1 ) LEAVE granted. Heard learned Counsel for the parties.

( 2 ) THIS appeal is directed against the order passed by learned Single Judge of the High Court of Rajasthan, Jaipur Bench, dated 23. 5. 2005 whereby the learned Single Judge had set aside the judgment and decree passed by the Addl. District and Session Judge-VI, Jaipur in Civil Suit No. 29/95 (271/76) dated 23. 1. 1996 and held that parties shall approach the Wakf Tribunal for further relief in the matter.

( 3 ) THE brief facts which are necessary for the disposal of the Appeal are that a suit being Civil Suit No. 29/95 (271/76) was filed by the Plaintiffs (Respondents-herein) in the Court of Addl. District and Session Judge-VI, Jaipur, which was dismissed. Aggrieved against the aforesaid order dismissing the suit, an appeal was filed by the Plaintiffs (Respondents-herein) before the High Court taking the plea that by virtue of Section 85 of The Wakf Act, 1995 (hereinafter referred to as "the Act"), the Civil Court ceased to have any jurisdiction in the matter, and therefore, the judgment and decree passed by the Addl. District Judge, Jaipur was without jurisdiction.

( 4 ) IN this connection the learned Single Judge, relying upon a decision of the learned Single Judge of the same High Court in the case of Syed, Inamul Hag Shah v. State of Rajasthan reported in allowed the appeal and set aside the order of the Addl. District Judge, Jaipur and directed the parties to appear before Wakf Tribunal. Aggrieved against this order, the Defendants (Appellants-herein) have come in appeal by way of special leave petition.

( 5 ) LEARNED Counsel for the Appellants has invited our attention to Sub-section (5) of Section 7 and submitted that the attention of the learned Single Judge was not invited to Sub-section (5) of Section 7 of The Wakf Act, 1995. It was submitted that learned Single Judge decided the matter on the basis of Section 85 of the Act de hors Sub-section (5) of Section 7 of the Act. Section 85 of the Act reads as under:

85. Bar of jurisdiction of Civil Courts.- No suit or other legal proceeding shall lie in any Civil Court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal. Learned Counsel further submitted that the learned Single Judge has wrongly relied upon the judgment in Syed, Inamul Bag Shah's case (supra) and set aside the judgment and decree passed by the Addl. District Judge, Jaipur, because in this case also learned Single Judge did not consider Sub-section (5) of Section 7 and decided the matter solely on the basis of Section 85 of the Act. Hence, the impugned decision given by learned Single Judge is not correct and not in accordance with the proposition of law. Learned Counsel for the Respondents has supported the aforesaid judgment.

( 6 ) IT is relevant to mention here that the Wakf Act, 1993 came into force with effect from 1. 1. 1996. Section 6 of the Wakf Act, 1995 relates to the disputes regarding wakfs property. Section 6 of the Act reads as under:

6. Disputes regarding wakfs.- (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. Explanation.- For the purposes of this section and Section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested

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