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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Bhagwandas Dengwani (Dead) Through LRs. – Appellant
Versus
Vinesh Kumar Asra, S/o Late Moolji Bhai Asra – Respondent
JUDGMENT :
Narendra Kumar Vyas, J.
1. This is defendants’ second appeal filed under Section 100 of the C.P.C. against judgment and decree dated 14.11.2017 passed by Sixth Additional District Judge, Raipur, District- Raipur (C.G.) in Civil Appeal No. 42-A/2017 (Bhagwandas Dengwani & others Vs. Vinesh Kumar Asra) by which the appeal preferred by the defendants was party allowed directing the appellants to pay Rs. 18,000/- to the plaintiff and affirmed the remaining part of the judgment and decree dated 27.03.2017 passed by the First Civil Judge Class-I, Raipur, District- Raipur (C.G.) in Civil Suit No. 14-A/2008 by which the suit filed by the plaintiff has been decreed and directed the eviction of the defendants from the rented shop.
2. For sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit No. 14-A/2008 before the trial Court.
3. The instant Second Appeal was admitted for hearing by this Court on 16.04.2019 on the following substantial questions of law:-
(1) Whether Courts below were justified in deciding the Issue No. 2 in view of the bar contained under Section 85 of the Waqf Act, 1995 ?
(2) Whether finding of the Court below holding that
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(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....
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
The constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
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....
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
(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) 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....
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