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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Zubaida W/o Kadar Memon – Appellant
Versus
Khan Mubeen Ahmed Ali – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) Applicants have invoked revisionary jurisdiction of this Court under sub-section (9) of Section 83 of the Waqf Act, 1995 for setting up a challenge to the judgment and order dated 15 May 2024 passed by the Maharashtra State Waqf Tribunal, Aurangabad. The Tribunal has decreed the suit filed by Respondent Nos.1 and 2 and has directed the Applicants to deliver vacant possession of the suit property to Respondent No.3-Waqf Institute with further direction to conduct enquiry into mesne profits under Order 20 Rule 12 of the Code of Civil Procedure, 1908 (the Code).
2) It is the case of the Plaintiffs (Respondent Nos.1 and 2) that Kamruddin Masjid (Jamaiyatul Kubra) Camp, Pune is a Waqf Institute. Plaintiffs claim that they are Muslims professing Islam and are interested persons in the said Waqf Institute. House No.1870, Ground floor, Gaffar Baig Street, Near Kamruddin Masjid, Kamathipura admeasuring 350 sq.ft. is the ‘suit property’. Plaintiffs’ case is that the suit property belongs to the Waqf Institute, which is also the property included in Schedule-I thereof. The Waqf Institute allowed Applicant No.1 to use the suit property on lease basis for a tenan
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic classification as encroachers under the Waqf Act.
The court affirmed that interested persons in a Waqf can file for removal of encroachment, and that expired leases render occupants encroachers under the Waqf Act.
A person interested in a Waqf can maintain a suit for removal of encroachment, and an expired lease results in automatic classification as an encroacher under the Waqf Act.
Interested persons can maintain a suit for removal of encroachment under Section 83(2) of the Waqf Act, and those whose lease has expired are considered encroachers.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic encroachment status under the Waqf Act.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
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