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BILAL NAZKI
T. Shivalingam – Appellant
Versus
A. P. Wakf Tribunal, Presiding Officer, Hyderabad – Respondent
Key Points: - Tribunal jurisdiction over disputes relating to Wakf property, as per Section 83 and Section 85, bars Civil Court jurisdiction (!) - Section 7 does not bar entertaining the suit; it covers disputes about whether a property is Wakf property, not all disputes about Wakf property (!) - Tribunal has jurisdiction to entertain and decide eviction suits involving Wakf property; eviction suits can be heard by the Tribunal rather than Civil Courts (!) - The writ petition seeking prohibition against Tribunal’s jurisdiction is misconceived; the Tribunal is vested with jurisdiction to decide such suits (!) (!)
( 1 ) THIS is a highly misconceived Writ Petition. A suit has Wakf property been filed by the respondents before A. P. State Wakf Tribunal seeking eviction of the petitioner from the property belonging to Wakf. The petitioner is a tenant of Wakf property. According to the plaintiffs-respondents the tenancy has been terminated and the tenants have sub-let the leased property, therefore they filed a suit seeking a direction against the present petitioner and others that they should deliver the vacant possession of the suit building to the plainiiffs-respondents. A Writ of Prohibition has been filed on- the ground that the Tribunal has no jurisdiction to entertain suits of the present nature i. e. , suit for eviction. Reliance lias been placed on Section 7 of the Wakf Act, 1995. Section 7 of the Act gives power to Tribunal to determine disputes regarding Wakfs. It is stated that once the properties are notified as Wakf property in terms of Section 5 of the Act and if there is any dispute as to whether a particular property notified so Wakf property is such a property or not, the dispute can be decided by the Tribunal. It is also contended that, if there is a dispute whe
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