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ASHISH SHROTI
Manish Agrawal – Appellant
Versus
Waqf Zama Masjid Intzamiya Committee Thr. – Respondent
ORDER
1. The applicants/defendants have filed this Civil Revision under section 115 of Code of Civil Procedure challenging the order dated 28.7.2021 passed by First Additional Judge to the Court of First Civil Judge, Class-II, Morena (M.P.) in Civil Suit No.160-A of 2020 whereby their application under Order 7 rule 11 CPC has been rejected by the learned Trial Court.
2. For convenience the applicants are referred as 'defendants' and respondent No.1 is referred as 'plaintiff' in this order.
3. The facts which are not in dispute are that the plaintiff has filed a suit for eviction against the defendants in the court of First Additional Judge to the Court of First Civil Judge, Class-II, Morena (in short 'Civil Court'). The property in question is a Waqf Property is also not in dispute between the parties. On being summoned, the defendants appeared and filed the present application under Order 7 rule 11 CPC praying for rejection of the plaint on the ground that since the property in question is a Waqf Property, the Civil Suit before the Civil Court is not maintainable and the remedy to the plaintiff lies before the Waqf Tribunal constituted under the provisions of Waqf Act, 1995 (in short
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.
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
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 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....
The main legal point established in the judgment is the expanded jurisdiction of the Waqf Tribunal, as provided by the Amendment Act 27 of 2013, to cover landlord-tenant disputes and the rights and o....
(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 ....
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