Wakf Tribunal--Eviction--Once the occupant becomes statutory tenant, the wakf tribunal would not have any jurisdiction to try and decide the suit.

Mr. Amit Rawal, J.: (Oral)- This order of mine shall dispose off one writ petition bearing No.9906 of 2009 and one revision petition bearing No.5070 of 2011, at the instance of the respondent/defendants in a civil suit filed by the Wakf Board by invoking the jurisdiction of the Wakf Tribunal under Section 83 of the Wakf Act, 1995 (hereinafter referred to as “1995 Act”) on the premise that the provisions of Section 6 and 7 of the Act regarding the title of the property are in dispute.

2. Mr. Liaqat Ali and Mr. Abhishek Bhardwaj, learned counsels appearing on behalf of the petitioners submit that predecessors-in-interest of the petitioners were inducted as tenants by virtue of the lease deed and the rent in lieu thereof, had been paid. However, on account of default payment of the chakota/rent, the suit aforementioned was filed. The Tribunal decided the matter by treating the suit for possession and mesne profit on the premise that it would have the jurisdiction to deal with the eviction of the tenant. They further submit that in view of the law laid down by the Hon’ble Supreme Court in Bhanwar Lal and another v. Rajashthan Board of Muslim Wakf and others 2013(4) RCR (Civil) 758, the Tribunal had the jurisdiction only in respect of the matters involving the adjudication of the dispute falling under Sections 6 and 7 of 1995 Act which read as under:-

“6. Disputes regarding wakfs.—

(1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein 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 wakfs. Explanation.—For the purposes of this section and section 7, the expression “any person interested therein”, shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4.

(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf 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 wakfs shall, unless it is modified in pursuance of a decision or 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 shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).

7. Power of Tribunal to determine disputes regarding wakfs. —

(1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that—

(a) in the case of the list of wakfs relating to any part of the St