The Wakf Tribunal has the authority to adjudicate disputes concerning Wakf properties under Section 83 of the Wakf Act.

JUDGMENT

(Dated this the 22nd day of September 2022)

Basant Balaji J., The petitioner is the plaintiff in W.O.S. No.92 of 2019 on the files of the Wakf Tribunal, Kozhikode and the respondents are the defendants therein.

2. The suit was filed by the petitioner/plaintiff seeking permanent prohibitory injunction and alternatively seeking recovery of possession of property.

3. Before the Wakf Tribunal, the question of maintainability came up for consideration and considering the Wakf Act and Rules, the Tribunal held that the suit is not maintainable. Thereafter, the Wakf Tribunal, as per order dated 24.9.2021, returned the plaint for non-

compliance of Order VII Rule 10 CPC.

4. The suit was originally filed before the Munsiffs'

Court, Kozhikode and it was returned citing lack of jurisdiction. Thereafter, it was presented before the Wakf Tribunal, Kozhikode.

5. On 9.11.2021, just before the judgment was to be pronounced after the full trial, the Tribunal returned the plaint for not taking steps.

6. The contention of the petitioner is that the return of the plaint is without understanding the scope of Section 83 of the Act and without any reason. It was also contended that the dispute in the present case relates to a Wakf and the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The honourable Apex Court inRashid Wali Beg v. Farid Pindari [2021(6) KLT 482 (SC)] held that the words “any dispute, question or other matter relating to nay waqf or waqf property”, used in the first limb of Section 85 , provide a clear indication that the Tribunal would have jurisdiction to adjudicate upon any dispute and answer any question relating to a waqf or waqf property, including the two questions mentioned in Sections 6(1) and 7(1). The words in the second limb of namely, “other matter which is required by or under this Act to be determined by a Tribunal”, seek to cover matters which have no relevance to the two questions covered by Section 6(1) and 7(1). Hence, he prayed that the order passed by the Wakf Tribunal is bad in law and the same has to be set aside and direction to be issued to the Tribunal to accept the plaint.

7. In view of the settled position of law regarding the maintainability of petition under Section 83 of the Wakf Act before the Wakf Tribunal, we are of the opinion that the petitioner can re-present the plaint before the Wakf Tribunal after curing the defects, if any, within a period of three weeks from today.

O.P.(Wakf) is disposed of with the above observations.

sd S.V.BHATTI, JUDGE sd BASANT BALAJI, JUDGE dl/

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APPENDIX OF OP (WAKF) 33/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN W.O.S.NO.92/2019 ON THE FILE OF THE WAKF TRIBUNAL KOZHIKODE Exhibit P2 TRUE COPY OF THE ORDER DATED 9-11-2021 PASSED BY THE WAQF TRIBUNAL, KOZHIKODE IN OS 92/2019 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 11-07-

2022 IN OP (WAKF) NO.15/2022 ON THE FILE OF THE HIGH COURT OF KERALA Exhibit P4 TRUE COPY OF THE ORDER DATED 29-08-2022 IN CRP (WAKF) NO.25/2022 ON THE FILE OF THE HIGH COURT OF KERALA