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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SENTHILKUMAR
Narasullah – Appellant
Versus
Tamil Nadu Wakf Board – Respondent
ORDER :
N.SENTHILKUMAR, J.
The Civil Revision Petition has been filed by the plaintiffs in O.S.No.1085 of 1985 against the order of dismissal in I.A.No.905 of 2014 in A.S.No.206 of 2011, dated 03.09.2019, on the file of the Principal Subordinate Court, Tiruchirappalli.
2.The petitioners are the plaintiffs in O.S.No.1085 of 1985 on the file of the District Munsif Court, Tiruchirappalli. The suit was filed for declaration and permanent injunction. The said suit was dismissed by the trial Court and as against which, the plaintiffs/petitioners preferred an appeal in A.S.No.206 of 2011 on the file of the Principal Subordinate Court, Tiruchirappalli. During the pendency of the said appeal, the plaintiffs have filed an application in I.A.No.905 of 2014 praying to dismiss the suit by granting liberty to the plaintiffs to file a fresh suit for the same cause of action.
3.The learned Principal Subordinate Judge, Tiruchirappalli, after taking into consideration the facts and circumstances of the case, had come to the conclusion that the petitioner is not entitled to withdraw the suit and to file a fresh suit for the same subject matter and transferred the entire appeal to the Wakf Tribunal. Aggri
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.
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.
Civil Courts retain jurisdiction over matters pending before them prior to the enactment of the Wakf Act, 1995.
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.
Advocates appeared :For the Appellant : Yashpal Rathore For the Respondent : Murtuza Bohra, Ranjeet Sen, Ms. Anita Sharma
The jurisdiction to resolve disputes related to Wakf properties resides exclusively with the Wakf Tribunal, and the High Court cannot entertain such matters.
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
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