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SUPREME COURT OF INDIA
R.M. LODHA AND KURIAN JOSEPH, JJ.
FASEELA M. – Appellants
VERSUS
MUNNERUL ISLAM MADRASA COMMITTEE & ANR. – Respondents
Civil Appeal Nos. 4250-4252 of 2014 (arising out of S.L.P. (Civil) Nos. 23157-23159 of 2012)
Decided on : 31-3-2014
(2010) 8 SCC 726 – Relied upon
2013 (11) SCALE 210; (2010) 14 SCC 588; (2007) 10 SCC 727 – Referred
Facts of the case:
Munnerul Islam Madrasa Committee – respondent No. 1 – filed a suit for eviction against the appellant before the Waqf Tribunal, from the subject property. The subject property is described as waqf property.
The appellant denied that the subject property was waqf property. He also challenged the jurisdiction of the Waqf Tribunal in determining the dispute between the parties.
The Waqf Tribunal, after hearing the parties, directed the plaint to be returned to the civil court having jurisdiction in the matter. However, on the next date the Waqf Tribunal suo motu recalled the order opining that it had jurisdiction so far as determination of the subject property as Waqf property was concerned.
The appellant filed two revision petitions before the High Court – one, against the latter order and the other, for declaration that the Waqf Tribunal has no jurisdiction in the matter.
The High Court dismissed both revision petitions and one original petition
Finding of the Court
An eviction suit is triable by civil court.
JUDGMENT
R.M. Lodha, J.:- Leave granted.
2. Sections 6 and 7 of the Waqf Act, 1995 (for short, 'Act') provide for determination of certain disputes regarding Waqf only by the Waqf Tribunal. These provisions as amended by Act 27/2013 read as under :
“Section 6. Disputes regarding auqaf.- (1) If any question arises whether a particular property specified as waqf property in the list of auqaf is waqf property or not or whether a waqf specified in such list is a Shia waqf or Sunni waqf, the Board or the mutawalli of the waqf or any person aggrieved 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 auqaf.
Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub- section (6) of section 4.
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a party to any suit under sub- section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of auqaf shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in subsection (1). Section 7. Power of Tribunal to determine disputes regarding auqaf.- (1) If, after the commencement of this Act, any question or dispute arises, whether a particular property specified as waqf property in a list of auqaf is waqf property or not, or whether a waqf specified in such list is a Shia waqf or a Sunni waqf, the Board or the mutawalli of the waqf, or any person aggrieved by the publication of the list of auqaf under section 5 therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final:
Provided that-
(a) in the case of the list of auqaf relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of auqaf; and
(b) in the case of the list of auqaf relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement:
Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any waqf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of auqaf and where any such list is modified in pursuance of a decision of the Tribunal under sub- section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the su
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