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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN, J.
Raminder Kaur & Anr. – Petitioners
Versus
Baba Deep Singh Ji Shahid Charitable Society & Ors. – Respondents
CR-2063 of 2008 (O&M)
Decided On : 16-01-2023
| Table of Content |
|---|
| 1. nature and jurisdiction over wakf property disputes (Para 1) |
| 2. court’s confirmation of tribunal jurisdiction (Para 2 , 4) |
| 3. importance of waqf tribunal jurisdiction (Para 3) |
| 4. dismissal of the revision petition (Para 5) |
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 :
4. In the present case, the undisputed fact is that the property is the wakf property. In view thereof, it cannot be said that the Tribunal had no jurisdiction.
5. In view of the above, the present revision petition is accordingly dismissed. Pending applications, if any, also stand disposed off.
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.
The Wakf Tribunal has the authority to adjudicate disputes concerning Wakf properties under Section 83 of the Wakf Act.
(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.
The court must determine jurisdiction as a preliminary issue before resolving temporary injunctive relief in Waqf disputes, clarifying jurisdictional authority between the Wakf Tribunal and Waqf Boar....
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