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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
BIRENDRA KUMAR
Shakur Shah S/o Naurang Shah – Appellant
Versus
Eliyas S/o Aalam Khan – Respondent
ORDER :
1. Heard the parties.
2. By the impugned order dated 06.09.2023 passed in Civil Suit No.48/2023, learned Civil Judge, Phalodi has refused the prayer of the petitioners to reject the plaint under Order VII Rule 11 CPC.
3. Contention of the petitioners is that the grievance disclosed in the plaint was maintainable before the Waqf Tribunal and not before any other court in view of the bar of jurisdiction of civil court contained under Section 85 of the Waqf Act.
4. Learned counsel for the respondents contends that the plaint does not disclose that the property is Waqf property nor the property is entered in the register of Waqf property, therefore the remedy lies before the civil court and not before the Waqf Tribunal. Learned counsel contends that the subject matter of the suit is Madina Zama Masjid which was erected with the financial help of Muslim society of the village Kalra, Tehsil Phalodi; From time to time repairing and extension of the Masjid was done by the said villagers.
5. Defendant No.1 executed a vasiyat in respect of the Masjid property in favour of defendant No.2 claiming that the land on which Masjid is constructed is recorded in the name of ancestors of defenda
Jurisdiction over disputes regarding Waqf properties is exclusively vested in the Waqf Tribunal, barring civil courts from adjudicating such matters under Section 85 of the Waqf Act.
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.
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
(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....
Rejection of plaint – Civil Court does not have jurisdiction to entertain suit for eviction in respect of Waqf Property and instead Waqf Tribunal alone has exclusive jurisdiction to try such suit.
(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 ....
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