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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Masid-e-Makkapur and Madrasa-e Bilal Wakf Committee, Rep. by its President/Muthavalli, Mohammed Amjed Hussain – Appellant
Versus
D. Sasikumar – Respondent
ORDER :
P. DHANABAL, J.
1. This Civil Revision Petition has been filed as against the order dated 22.09.2022 passed in I.A.No.5 of 2021 in O.S.No.8020 of 2019 on the file of the II Additional Judge, City Civil Court, Chennai, wherein the petitioner herein has filed a petition before the trial Court to reject the plaint on the ground that it is barred by law.
2. The averments of the petitioner in the petition filed before the trial Court is that he is the third defendant in the main suit and the first respondent has filed a suit before the trial Court for the relief of declaration and permanent injunction. The petitioner / third defendant is the Wakf Committee and the property belongs to Wakf Board and thereby the suit is not maintainable and Wakf Tribunal alone have the jurisdiction to entertain the suit. Therefore, the first respondent / petitioner filed a petition before the trial Court for rejection of plaint since the suit is barred by law. The trial Court failed to consider that the suit is barred by law and the Civil Court has no jurisdiction and the Wakf Tribunal only have the jurisdiction to try the case.
3. According to the respondents, the plaintiff is the owner of the suit p
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 jurisdiction to resolve disputes related to Wakf properties resides exclusively with the Wakf Tribunal, and the High Court cannot entertain such matters.
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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.
(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 ....
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
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....
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