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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Punjab Wakf Board - Petitioner
Versus
Jagir Singh and another - Respondents
CR No.1152 of 2013
Decided On : 20-07-2017
Wakf Tribunal - Jurisdiction of Civil Court - Wakf Act, 1995, Section 6, Section 85
Fact of the Case:
The Punjab Wakf Board filed a revision petition seeking to quash orders passed by the Civil Judge and the Wakf Tribunal. The dispute arose from a suit filed by the plaintiff before the Wakf Tribunal, claiming that the defendant was not the owner of the land and that its inclusion in the list of Wakf properties was baseless. The Wakf Tribunal transferred the case to the Civil Court, which dismissed the Wakf Board's application to transfer the case back to the Wakf Tribunal.
Finding of the Court:
The court found that the dispute regarding the ownership of the property fell within the exclusive jurisdiction of the Wakf Tribunal as per Section 6 of the Wakf Act, 1995. It also held that the jurisdiction of the Civil Court was barred in respect of matters required to be determined by the Tribunal under Section 85 of the Act.
Issues: The key issue was whether the dispute over the ownership of the property should be adjudicated by the Wakf Tribunal or the Civil Court.
Ratio Decidendi: The court relied on the provisions of Section 6 and Section 85 of the Wakf Act, 1995, which established the exclusive jurisdiction of the Wakf Tribunal for disputes related to Wakf properties and barred the jurisdiction of the Civil Court in such matters.
Final Decision: The court set aside the orders of the Civil Judge and the Wakf Tribunal, allowing the revision petition and requesting the Wakf Tribunal to proceed with the trial of the suit in accordance with the law. The Civil Court was directed to remit the case papers to the Wakf Tribunal.
ANIL KSHETARPAL, J.
1. The Punjab Wakf Board, Chandigarh has filed the present revision petition under Article 227 of the Constitution of India seeking quashing of the order dated 04.10.2012 (Annexure P-1) passed by Civil Judge (Junior Division), Amritsar, as also the order passed by the Additional District Judge-cum-Wakf Tribunal, Amritsar dated 16.08.2011 (Annexure P-2).
2. Facts in brief are that the respondent No.1-plaintiff filed a suit before the Wakf Tribunal seeking declaration to the effect that the defendant No.1 is not the owner of the land measuring 2 kanals 6 marlas and Notification issued by the Wakf Board dated 09.10.1999 including the property in the list of Wakf is baseless, illegal and void.
3. On notice issued, written statement was filed by the Punjab Wakf Board-defendant No.1 contesting the claim setup by the plaintiff in the plaint. It was pleaded that the property in dispute is Wakf property and it has been declared and notified vide Notification dated 09.10.1999. The Wakf Tribunal unfortunately without correctly reading the judgment passed by the Hon'ble Supreme Court of India in the case 2010(8) SCC 726 titled Ramesh Gobindram (dead) Through LRs Vs. Sugra Humayun Mirza Wakf, held that the Wakf Tribunal does not have the jurisdiction to try the suit for possession. It was in these circumstances, the learned Tribunal had transferred the file to the Civil Court.
4. Before the Civil Court, an application was filed by the Punjab Wakf Board requesting for transfer of the suit back to the Wakf Tribunal as the dispute in the present suit squarely falls within the domain of Wakf Tribunal as per Section 6 of the Wakf Act, 1995. However, the learned Civil Judge (Junior Division) has chosen to dismiss the application by taking very narrow interpretation of the Word “any person aggrieved”. Civil Court dismissed the application filed by the Wakf Board.
5. Now the Punjab Wakf Board has challenged the order passed by the Wakf Tribunal dated 16.08.2011 transferring the suit to the Civil Court, as also the order dated 04.10.2012 passed by the Civil Judge (Junior Division), Amritsar dismissing the application of the Wakf Board to transfer the case to the Wakf Tribunal.
6. I have considered the arguments addressed by the learned counsel for the parties.
7. It would be appropriate to extract Section 6 and Section 85 of the Wakf Act, 1995. The same are extracted as under:-
“6. Disputes regarding 4[auqaf].—(1) If any question arises whether a particular property specified as [waqf] property in the list of [auqaf] is [waqf] property or not or whether a [waqf] specified in such list is a Shia [waqf] or Sunni [waqf], the Board or the mutawalli of the [waqf] or [any person aggrieved] may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of [auqaf]:
[Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.]
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any [waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of [auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding s
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