M. S. LIBERIIAN, J.

( 1 ) THE learned Counsel for the appellant had impugned the order of the learned single Judge dismissing the writ petition, inter alia, holding that the dispute relates to a wakf property and the petitioner-appellant is at liberty to approach the Wakf Tribunal as envisaged under Section 83 of the Wakf Act, 1995. The learned Counsel for the appellant vehemently argued that the land in dispute was traced by the appellant as a wakf property. He filed an application for leasing of the said property in his favour which was not considered by the Wakf Board but the same was leased out to the respondent No. 3 herein. The appellant preferred an appeal to the Minister, who granted an ex parte stay order and later vacated the same without granting the appellant an opportunity of hearing. The said order was challenged in the writ petition.

( 2 ) TO bring the dispute to an end and not to keep alive is the avowed object of justice in order to determine the dispute between the parties, though the writ petition was filed against an interim order only, ends of justice will be squarely met, in view of the facts and circumstances of the case and the question raised. If the matter is finally determined as it raises a pure question of law only.

( 3 ) THE learned Counsel for the appellant vehemently contended that the Wakf Tribunal has got only the jurisdiction to determine the dispute relating to the nature of the wakf under Section 6 of the Wakf Ad, 1995, which runs thus:"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 in the Wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under Section 4. (2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any Wakf 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 wakfs 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 institute or commenced in a Court in that State in relation to any question referred to in sub-section (1 ). "

( 4 ) ACCORDING to the learned Counsel for the appellant, the Tribunal cannot determine any other question except the nature of the wakf property i. e. , whether it is a wakf or not; whether it is a Shia Wakf or Sunni Wakf and the persons who can institute a suit before the Tribunal are the Board, the Muthawalli or any person interested therein,, giving a finality to the decision of the Tribunal with respect to the nature of the wakf property. Consequently, the Tribunal has no right to determine the

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