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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Narendra Singh Dhaddha, J.
Chiraguddin Khan (Deceased) and Others – Petitioners
Versus
The Rajasthan Board of Muslim Wakf and Others – Respondents
S.B. Civil Revision Petition No. 20 of 2008
Decided On : 27-02-2024
(A) Wakf Act, 1995 - Section 7(5) - Civil Procedure Code, 1908 - Order 7, Rule 10 - Suit for permanent injunction filed prior to commencement of the Wakf Act - Civil Court retains jurisdiction to adjudicate matters pending before it before the Act's commencement - Trial Court and Appellate Court erred in returning plaint to Wakf Tribunal. (Paras 3, 7, 8)
(B) Jurisdiction - The court emphasized that the Civil Court is competent to adjudicate matters pending before it prior to the enactment of the Wakf Act, thus reaffirming the principle of jurisdictional authority. (Paras 7, 8)
Facts of the case:
The petitioners filed a suit for permanent injunction in 1971, prior to the enactment of the Wakf Act, 1995, which led to jurisdictional disputes regarding the adjudication of the matter.
Findings of Court:
The court found that both the trial and appellate courts had erred in allowing the application to return the plaint to the Wakf Tribunal, thus setting aside their orders.
Issues: The main issue was whether the Civil Court had jurisdiction to adjudicate the matter given the timing of the suit relative to the Wakf Act's enactment.
Ratio Decidendi: The court ruled that the Civil Court retains jurisdiction over matters pending before it prior to the enactment of the Wakf Act, emphasizing the importance of jurisdictional authority in civil proceedings.
Result: Revision petition allowed.
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 Rajasthan Wakf Tribunal. Learned counsel for the petitioners further submits that the petitioners had filed an appeal against the said order and the Appellate Court also dismissed the appeal filed by the petitioners vide order dated 16.05.2006.
3. Learned counsel for the petitioners submits that trial Court as well as Appellate Court had committed an error in allowing the application filed by respondent No. 1 under Order 7, Rule 10 CPC and section 85 of the Wakf Act, 1995. Learned counsel for the petitioners further submits that petitioners had filed the civil suit prior to commencement of the Wakf Act, 1995 and as per the Section 7(5) of the Wakf Act, Civil Court is competent to adjudicate the matter. So, the order of the trial Court as well as appellate Court be set aside.
4. Learned counsel for the petitioners has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Bhanwar Lal and Ors. v. Rajasthan Board of Muslim Wakf and ors. in civil appeal No. 7902/2013 decided on 09.09.2013 and in the case of Sardar Khan and ors. v. Syed Najmul Hasan (Seth) and ors. in civil appeal No. 1107/2007 decided on 28.02.2007.
5. None has put in appearance for the respondents.
6. I have considered the arguments advanced by learned counsel for the petitioners and perused the impugned orders.
7. It is an admitted position that the petitioners had filed the suit for permanent injunction in the year 1971. Wakf Act came to existence in the year 1995. As per Section 7(5) of the Wakf Act, if subject matters are pending before the Civil Court prior to commencement of the Wakf Act, then Civil Court is entitled to adjudicate the matter. So, in my considered opinion, trial Court as well as Appellate Court had committed an error in allowing the application filed by the respondent No. 1 under Order 7, Rule 10 CPC and Section 85 of the Rajasthan Wakf Act, 1995. So, order of the trial Court as well as Appellate Court deserve to be set aside.
8. The revision petition filed by the petitioners is allowed. The order dated 16.05.2006 passed by the Appellate Court and the order dated 11.09.2001 passed by the trial Court are set aside. Trial Court is directed to decide the suit filed by the petitioners within six months from the date of receipt of a certified copy of this order in accordance with law.
AI
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.
The Wakf Tribunal has the authority to adjudicate disputes concerning Wakf properties under Section 83 of the Wakf Act.
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