2013 (9) TMI 1255 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of Civil Court vs. Tribunal u/s 85 of the Rajasthan Wakf Act, 1995.
2. Validity of sale deeds concerning Wakf property.
3. Entitlement to file the suit.
4. Limitation and court fee issues.

Summary:

Jurisdiction of Civil Court vs. Tribunal u/s 85 of the Rajasthan Wakf Act, 1995:
The primary issue was whether the Civil Court had jurisdiction to entertain the suit filed by the Respondent or if the matter fell within the exclusive jurisdiction of the Tribunal constituted under the Rajasthan Wakf Act, 1995, as per Section 85 of the Act. The Civil Court returned the plaint based on the Respondent's application citing the jurisdictional bar under Section 85. The Petitioners challenged this decision, but the High Court upheld the Civil Court's order, referencing the Rajasthan High Court's judgment in Syed Inamul Haq Shah v. State of Rajasthan. However, the Supreme Court noted that the said judgment had been overruled by the Supreme Court in Sardar Khan and Ors. v. Syed Nazmul Hasan (Seth) and Ors., thus invalidating the High Court's reliance on it.

Validity of Sale Deeds Concerning Wakf Property:
The suit involved several issues about the validity of sale deeds executed concerning the disputed property, which the Respondents claimed to be Wakf property. The Tribunal's jurisdiction to determine whether a property is Wakf property was highlighted, as per Section 7 of the Act. However, the Supreme Court clarified that the Civil Court retained jurisdiction over suits filed before the enactment of the Rajasthan Wakf Act, 1995, per Section 7(5).

Entitlement to File the Suit:
The Respondents initially filed the suit in 1980 for possession and rendition of accounts, later amending it to include a declaration that the sale deed dated 28.2.1983 was invalid. The Supreme Court observed that suits filed before the enactment of the 1995 Act would continue in Civil Court, as per the precedent set in Sardar Khan's case.

Limitation and Court Fee Issues:
The suit also raised issues regarding whether it was barred by limitation and if the court fee was insufficient. These procedural matters were to be addressed by the Civil Court upon remand.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the Civil Court to decide the suit. The Civil Court retained jurisdiction over the suit filed before the enactment of the Rajasthan Wakf Act, 1995, and was competent to decide the issues involved.