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S. G. MEHARE
Sayyed Moinuddin S/o Sayyed Saifoddin – Appellant
Versus
Pratapsingh S/o Nursing Kakarwal – Respondent
JUDGMENT :
1. Heard the respective learned counsels for the parties.
2. The original defendants No.1 and 2 have impugned the judgment and order of the Maharashtra State Wakf Tribunal, Aurangabad, passed in Wakf Suit Nos.4 of 2014 and 6 of 2014.
3. The "applicants" would be referred to as "defendant Nos.1 and 2" and respondent No.1 would be referred to as "plaintiff".
4. The plaintiff had filed a suit before the Maharashtra State Wakf Tribunal, Aurangabad, for a declaration that the orders of the Chief Executive Officer ("C.E.O." for short) of the Maharashtra State Wakf Board, Aurangabad ("the Board" for short), in file No.54/154/2012, dated 23.01.2013 arising out of file No. A.B.D./259/2012, including the Survey Gut No.66 of village Harsool, District Aurangabad, in the Book/register of Waqf, maintained by the Board and its registration No. MSBW/ABD/319/2012 dated 03.05.2012 passed by the C.E.O. pursuant to the so-called entry in the concerned Gazette is time-barred, hollow, inactive, in-executable, null and void and not binding on the rights of the plaintiff. The order dated 28.01.2013 arising out of the order dated 23.01.2013 in file No.54/154/2012 by C.E.O. arising out of the order d
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
The rejection of a plaint for lack of cause of action must be substantively justified; merely asserting lack of merit without proper consideration of presented evidence is insufficient.
Important PointGrants by way of service inams for the purposes recognized by the muslim law as pious, religious or charitable would clothe the property with character of wakf.
Civil courts retain jurisdiction to determine eviction claims even if waqf status is asserted, unless unequivocally proven as such. Defendants cannot contest landlord's title without substantiating t....
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