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ANIL VERMA
ATAURREHMAN S/o HABIBURREHMAN – Appellant
Versus
MADHYA PRADESH WAKF BOARD, BHOPAL – Respondent
ORDER : – Parties are heard finally at motion hearing stage.
2. Applicant has filed present civil revision under section 83(9) of the WAKF ACT , 1995 being aggrieved by the impugned order dated 3-2-2022, whereby the suit of the applicant/plaintiff has been dismissed being time barred.
3. Counsel for the applicant contended that the Tribunal has erred in allowing the application under Section 32 of the WAKF ACT and also erred in dismissing the suit without recording the evidence primarily on the ground of limitation. Section 6(1) of the WAKF ACT is not applicable to the applicant because he is stranger to Wakf and is a non-muslim. No notice has been issued to any person interested in the suit property before issuing the gazette notification. The impugned order is bad in law and is also against the facts and circumstances of the case. Hence, he prays that the impugned order be set aside and the matter be remanded back to the Tribunal for its reconsideration.
4. Per contra, counsel for the other side have opposed the revision and prays for its rejection. Counsel for the respondent No. 1 contended that as per the sub-section (1) of section 6 of the WAKF ACT limitation is one year,
Advocates appeared :For the Appellant : Yashpal Rathore For the Respondent : Murtuza Bohra, Ranjeet Sen, Ms. Anita Sharma
The court emphasized the need for an enquiry before denying a delay condonation application in Waqf matters, affirming that the Tribunal has the discretion to condone delays under certain circumstanc....
The enactment of the Wakf Act does not retrospectively apply to suits and appeals initiated prior to its commencement, maintaining civil jurisdiction over such matters.
The Wakf Tribunal lacks jurisdiction over appeals related to suits initiated before the enactment of the Wakf Act, 1995; civil courts retain jurisdiction in such cases.
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
Wakf Tribunal lacked jurisdiction due to prior judgment in a civil suit settling the title, making the subsequent claims non-maintainable under Section 7(5) of the Wakf Act.
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