The central legal point established in the judgment is the interpretation of the definition of 'person interested' under Section 3(k) and the explanation attached to Section 6 of the Wakf Act, 1995, in determining the jurisdiction of civil courts in disputes regarding wakf property.

Bhagwati Prasad, J.-Heard

2. The present revision petition is filed by the petitioner against the order of Additional Civil Judge (Senior Division), Jodhpur dated 111.2001. By the order impugned, the trial Court has disposed of an application filed by the petitioner under Order 7 Rule 11,CPC. The grievance raised by the petitioner in the application was to the effect that the suit pertains to wakf property and in terms of Section 6 of theWakf Act, 1995 (hereinafter referred to as the Act of 1995), all disputes regarding wakf are required to be brought before the Tribunal constituted under the Wakf Act and the civil Court has no jurisdiction to adjudicate the same.

3. Learned Counsel for the petitioner assailing the order submitted that Section 85 of the Act of 1995 bars the jurisdiction of a civil Court. Section 85 of the Act of 1995 is reproduced hereinbelow for ready reference:-

“85. Bar of jurisdiction of civil Courts.-No suit or other legal proceeding shall lie in any civil Court in respect of any dispute, question or other matter relating to any wakf , property or other matter which is required by or under this Act to be determined by a Tribunal.”

4. Supporting his argument, learned Counsel for the petitioner relied upon the case decided by this Court in the matter of Sayed Inamul Haq Shah vs. State of Rajasthan & Ors., reported in 2000 (4) WLC (Raj.) 528. In this case, the Court has held that in relation to the un-disputed matters which are cognizable by the Tribunal, the Tribunal alone has the jurisdiction. The Court held as under:-

“6. It was not disputed before me that the subject matter of the suit was cognizable by a Tribunal established under the Act and no suit on the same cause of action could have been filed after the coming into force of the Act.”

5. The petitioner has also relied on a case decided by Kerala High Court in the mater of Pookoya

Haji vs. Cheriyakoya, reported in 2003 (4) CCC 19 (Ker.) wherein, the Court held as under:-“We are, therefore, of the considered view that the words any dispute, question or other matters relating to Wakf or Wakf property under Section 85 are wide enough to take within its sweep not only matters which are specifically conferred on the Tribunal by the various provisions of the Act but also any dispute, question or any other matter relating to any Wakf or Wakf property since those powers have also been conferred on the Tribunal by the Wakf Act itself . On examining the scheme of the Act and various provisions, we are of the view that the intention of the Legislature is to resolve all disputed by one machinery and forum provided in the Act itself , that is, the Wakf Tribunal and not by the civil Courts in the State.”

6. Per contra, learned Counsel for the plaintiff submitted that the argument of the petitioner is mis-conceived. The law as stood in relation to The Wakf Act, 1954 (hereinafter referred to as the Act of 1954) was to the effect that any person interested could institute a suit within one year of the passing of the Act. But thereafter, the persons not interested in the wakf were not bound by the provisions of the Act of 1954.

7. Learned Counsel for the plaintiff/non-petitioner has urged that person interested as delineated in the Act of 1954 was interpreted by this Court in the matter of Radha Kishan & Ors. vs. State of Rajasthan & Ors., reported in AIR 1967 (Raj.) Page 1. The Judgment of Rajasthan High Court was approved by the Honble Supreme Court by the Judgment reported in AIR 1979 SC 269.

8. With the change in law, the disputes regarding the Wakf and their disposal are delineated in Section 6 of the Act of 1995. Section 6 of the Act of 1995 is reproduced hereinbelow for ready reference:-

“6. Disputes regarding wakfs:- (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakfs property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf , the Board or the mutawali of the wakf