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ALKA SARIN
Raminder Kaur – Appellant
Versus
Baba Deep Singh Ji Shahid Charitable Society – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
In the present case, the plaintiff-respondents filed a suit for permanent injunction for restraining the defendant-petitioners from interfering in their peaceful and lawful possession over the suit land measuring 5 kanals 16 marlas. Thereafter, since the plaintiff-respondents were stated to have been dispossessed, the suit was converted into a suit for mandatory injunction for handing over the vacant possession of the suit land. Vide order dated 28.03.2007 the District Judge, Jalandhar put up the matter before the Tribunal under the WAKF ACT , 1995. The matter was, thereafter, decided vide order dated 26.09.2007 by the Tribunal. Challenge in the present case is to the order passed by the Tribunal on the ground that the Tribunal did not have the jurisdiction to hear the case.
2. Heard.
3. Hon'ble the Supreme Court in the case of Rashid Wali Beg v. Farid Pindari & Ors. [2021 (4) RCR (Civil) 718] has held as under :
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.
(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....
(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 ....
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.
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.
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