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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Matloob Ahmad – Appellant
Versus
Kamal Kishore & Anr. – Respondents
C.R.P. 156 of 2023
Decided On : 02-06-2023
Waqf Property - Jurisdiction of Civil Court - Act 1995, Section 85
Fact of the Case:
The case involves a dispute over a property declared as Waqf property under the Waqf Act, 1995. The Defendant, a tenant under the Waqf Board, raised an objection to the jurisdiction of the Civil Court to entertain an eviction petition based on Section 85 of the Act 1995.
Finding of the Court:
The Court found that the Waqf Tribunal has jurisdiction over disputes pertaining to Waqf property and that Section 85 of Act 1995 provides a clear bar on the Civil Court to entertain such matters. The Court emphasized the need to address jurisdictional issues at the outset of the case.
Issues: The key issue was the jurisdiction of the Civil Court to entertain the eviction petition in light of the legal bar under Section 85 of Act 1995.
Ratio Decidendi: The Court held that the Waqf Tribunal has jurisdiction over disputes related to Waqf property and that Section 85 of Act 1995 bars the jurisdiction of the Civil Court in such matters. The Court emphasized the need to address jurisdictional issues at the outset of the case.
Final Decision: The revision petition was allowed, and the matter was remanded back to the Trial Court for reconsideration of the application under Order VII Rule 11(d) CPC with respect to the plea of bar of jurisdiction under Section 85 of Act 1995.
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. APPL. 31367/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 31368/2023 (condonation of delay)
3. For the reasons stated in the application, the same is allowed.
4. Delay of 107 days in filing the revision petition is condoned.
5. Application stands disposed of.
C.R.P. 156/2023 & C.M. APPL. 31366/2023 (stay)
6. Present revision petition has been filed by the Petitioner laying a challenge to an order dated 18.10.2022 passed by the Trial Court rejecting the application filed by the Petitioner under Order VII Rule 11(d) CPC. Petitioner herein is the Defendant before the Trial Court and Respondent No. 1 is the Plaintiff and parties are referred to by their litigating status before the Trial Court hereinafter.
7. It is the case of the Defendant that the property in question bearing Shop No. 168, Plot No. 62/6, Khasra No. 479, situated in Takia Gappar Shah, Village Chandrawal, Shahdara, Delhi (hereinafter referred to as the `Suit Property') is in possession of the Defendant as a tenant under the Waqf Board against whom notice dated 09.03.2006 was issued for paying the arrears of rent or to vacate the suit property. The property is a Waqf property as defined under the Waqf Act, 1995 (hereinafter referred to as the `Act 1995') and has been used as a Muslim Graveyard from time immemorial. Suit property was declared and notified as Waqf property in the Gazette in Part-IV at page 1284-85 published on 31.12.1970. Defendant further avers that in order to safeguard his interest in the shop, he paid the arrears of rent to the Waqf Board and is continuing to do so for which he has rent receipts issued by the Board.
8. The genesis of the application under Order VII Rule 11(d) CPC filed by the Defendant for rejection of plaint lies in the legal argument that Section 85 of the Act 1995 bars the jurisdiction of Civil Court with respect to any dispute pertaining to Waqf property.
9. Facts to the extent relevant for deciding the present revision petition and as averred in the present petition are that grandfather of the Plaintiff namely Sh. Lakhi Ram instituted a suit against the Defendant in 1987 for dissolution of partnership, rendition of account and possession of the suit property and vide order dated 21.10.1986 the Trial Court observed that Defendant was a tenant of Sh. Lakhi Ram. Another proceeding was instituted by Sh. Lakhi Ram against the Defendant under Section 15(1) of the Delhi Rent Control Act, 1958 being E-56/87 and in the said proceeding in the order dated 16.05.1988, according to the Defendant, the Court rendered a finding that Defendant was a tenant and order of payment of rent was passed against him.
10. Sh. Lakhi Ram during his lifetime in the year 1999, filed another suit being Suit No. 08/1999 for possession against one Shuja-ul-Haq relating to an adjacent shop of the suit property and the latter in turn filed a suit against Sh. Lakhi Ram and few others being Suit No. 65/1999. In 1998, Defendant's grandfather passed away leaving behind three sons and four daughters. On 18.01.2003, a common judgment was passed by the Trial Court whereby suit filed by Sh. Lakhi Ram being Suit No. 08/1999 was dismissed holding that the suit property belonged to the Delhi Waqf Board. Pursuant thereto, Defendant received notice from the Board on 09.03.2006 seeking payment of arrears of rent, which was replied to by the Defendant.
11. On 14.12.2018, Plaintiff filed an eviction petition under Section 14(1) read with Section 14(2) of the Delhi Rent Control Act, 1958 in which written statement was filed by the Defendant. The Board filed an application under Order I Rule 10 CPC read with Section 92 of Act 1995 for impleadment. Defendant filed an application under Order VII Rule 11(d) CPC for rejection of plaint, which was dismissed by the impugned order.
12. The prime ground taken by the Defendant in the application for rejection of plaint was that the su
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....
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....
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
Civil courts lack jurisdiction over waqf property disputes, which must be resolved by the Waqf Tribunal as per the Waqf Act, 1995.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
(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....
Jurisdiction over disputes related to Waqf properties lies exclusively with Waqf Tribunals, barring civil court intervention, as reinforced by the WAQF ACT, 1995 and Supreme Court precedents.
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