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AMIT RAWAL, EASWARAN S.
S. Habeeb Mohammed, S/o. Shahudheen – Appellant
Versus
Edava Muslim Jama-Ath (Alummoottil Palli Wakf) – Respondent
JUDGMENT :
Easwaran S., J.
Plaintiffs in O.S.No.1 of 2010 on the file of the Wakf Tribunal, Kollam are the petitioners before this Court in Civil Revision Petition.
2. Facts in brief for disposal of the present Revision Petition are as follows:
Petitioners are the members and beneficiaries of the first defendant Edava Muslim Jama-ath, a Wakf registered with the Wakf Board. Defendant Nos.2 to 4, the office bearers of the Managing Committee of the Wakf, being also the Muthawalli of the Wakf, colluded with defendant Nos.5 to 12, who are the local politicians, and permitted an alleged Edava Road Vikasana Samithi to encroach upon a considerable portion of the Wakf property and unauthorisedly utilized portions of the Masjid, Khabersthan, lands and other structures for alleged purposes of widening of the Edava– Kappil Road passing through the eastern side of the Wakf property. The suit was instituted under Section 94(2) of the Wakf Act read with Section 92 of the Code of Civil Procedure. The defendant Nos.1 to 4 filed a joint written statement contending among others that it is the Wakf Board who is vested with the powers of removal of encroachment and suit filed by the plaintiffs under Secti
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....
Wakf Property – Eviction of tenant - under Section 83(1), the Tribunal had no power to entertain a suit of eviction.
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
Disputes regarding Wakf property must be addressed solely by a Wakf Tribunal, not by civil courts, as observed under Section 85 of the Wakf Act, reinforcing prior court rulings.
Civil courts lack jurisdiction over disputes involving Wakf properties as per the WAKF ACT, sections 83 and 85, which mandate that such matters be determined by the Wakf Tribunal.
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.
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