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PRAKASH PADIA
Ram Lakhan – Appellant
Versus
Adnan Farukh – Respondent
JUDGMENT :
(Prakash Padia, J.)
Heard Sri Narendra Kumar Chaturvedi, learned counsel for the appellants and Sri Punit Kumar Gupta and Sri Adya Prasad Tewari, learned counsel for the respondents.
2. The present second appeal has been filed by the plaintiffs-appellants, challenging the judgment dated 4.5.2022 and consequential decree dated 7.5.2022 passed by the learned Civil Judge (Junior Division), Gorakhpur in Suit No. 2004 of 2019 (Krishna Bihari and others v. Adnan Farooq and others) as well as judgment dated 11.8.2023 passed by the learned Additional District Judge, Court No. 6, Gorakhpur in Civil Appeal No. 31 of 2022 (Krishna Bihari and others v. Adnan Farooq and others).
3. The facts as stated in second appeal are that the plaintiffs have instituted a civil suit for permanent injunction, restraining the defendant-respondent from dispossessing the plaintiffs without following due procedure of law.
4. The case set up in the plaint was that plot No. 777, area 0.47 Hectare, plot No. 779 area 0.53 Hectare situated at Mauja Karjahan, Tappa Patra, Pargana Haveli, Tehsil Sadar, District Gorakhpur is a property of waqf. The waqf is allal-aulad and mutwalli of the said waqf is Adnan Faroo
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 ....
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
Civil courts retain jurisdiction to determine eviction claims even if waqf status is asserted, unless unequivocally proven as such. Defendants cannot contest landlord's title without substantiating t....
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
Rejection of plaint – Civil Court does not have jurisdiction to entertain suit for eviction in respect of Waqf Property and instead Waqf Tribunal alone has exclusive jurisdiction to try such suit.
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