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AJOY KUMAR MUKHERJEE
Anis Fatma Begum – Appellant
Versus
Debasish Ghosh – Respondent
JUDGMENT :
(Ajoy Kumar Mukherjee, J.) :
1. This application has been directed against order dated 25th July, 2018 passed by learned Waqf Tribunal, West Bengal in Suit No. 33 of 2015, whereby learned Tribunal has allowed defendants’ application filed under order VII rule 11 of the Code of Civil Procedure, seeking rejection of plaint.
2. Petitioner/plaintiff’s case is that the suit property is a Waqf property duly registered with the Board of Waqf, West Bengal under E.C. No. 4637 and is known as “Amjed Ali Waqf Estate”. Father of defendant no.1 was a monthly tenant in respect of the land measuring about 7 cottah 14 chittacks with partial structure standing therein, which is a part and parcel of the aforesaid waqf estate. After the death of his father opposite party herein/defendant no.1 occupied the said premises.
3. Petitioner’s further case is that defendant no.1 in violation of the waqf laws has made major additional alternation, changing the nature and character of the waqf estate and has converted the waqf property for his own unlawful commercial use and it is further alleged that defendant has sublet a major portion of the waqf estate in favour of unauthorized occupants.
4. The
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
(1) Jurisdiction of Wakf Tribunal – Injunction simpliciter sought for before Tribunal does not fall within its jurisdiction and plaint has to be rejected.(2) An Amendment will be retrospective only ....
(1) Suit for permanent injunction in respect of Waqf property is maintainable before Waqf Tribunal.(2) Waqf Tribunal shall be deemed to be a Civil Court and shall have same powers as may be exercised....
Waqf Tribunal has jurisdiction for passing order for eviction of tenant from Waqf property.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
The Waqf Act empowers the Chief Executive Officer to address encroachments on Waqf properties, with exclusive jurisdiction for related disputes resting with Waqf tribunals.
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