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NARENDRA SINGH DHADDHA
Chiraguddin Khan (Deceased) – Appellant
Versus
Rajasthan Board of Muslim Wakf – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. This revision petition has been filed by the petitioners against the order dated 16.05.2006 passed by the Additional District Judge No. 6, Jaipur City, Jaipur (for short 'the Appellate Court') in Civil Misc. Appeal No. 55/2004 whereby the Appellate Court dismissed the appeal and confirmed the order dated 11.09.2001 passed by the Additional Civil Judge (JD) No. 1, Jaipur City, Jaipur (for short 'the trial Court') in Civil Suit No. 632/70 whereby the trial Court returned the plaint under Order 7, Rule 10 CPC for its presentation in the Rajasthan Wakf Tribunal.
2. Learned counsel for the petitioners submits that the petitioners had filed the suit for permanent injunction in the Court of Munsif in which plaintiff had adduced their evidence and matter was posted for the defendants' evidence at that time. Learned counsel for the petitioners further submits that respondent No. 1 had filed an application under Order 7, Rule 10 CPC. Learned counsel for the petitioners further submits that trial Court vide order dated 11.09.2001 allowed the application filed by the respondent No. 1 and returned the plaint of the plaintiffs for its presentation in the Raj
Civil Courts retain jurisdiction over matters pending before them prior to the enactment of the Wakf Act, 1995.
The Wakf Tribunal lacks jurisdiction over appeals related to suits initiated before the enactment of the Wakf Act, 1995; civil courts retain jurisdiction in such cases.
The enactment of the Wakf Act does not retrospectively apply to suits and appeals initiated prior to its commencement, maintaining civil jurisdiction over such matters.
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.
Pending suits and appeals are exempt from the jurisdictional limitations of the Wakf Act, 1995, as established by the court's interpretation of Sections 7(5) and 85.
The Wakf Act of 1995 does not debar the civil court from disposing of matters pending before the Act came into force, as per Section 7(5) of the Act.
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.
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
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