2010 (11) TMI 1101 - SC - Indian Laws

Summary

Issues involved:
The jurisdiction of the Civil Court in matters related to Wakf properties and the applicability of the Wakf Act, 1995.

Summary:

Jurisdiction of Civil Court:
The dispute in this case pertains to a Wakf estate created by a Registered Deed of Wakf. The High Court initially answered questions regarding the demarcation of the Wakf property and the applicability of the Wakf Act, 1995. However, the Supreme Court held that all matters concerning Wakfs should be brought before the Wakf Tribunal first, as mandated by Section 83 of the Wakf Act, 1995. The Court emphasized that the Wakf Tribunal has the authority to decide disputes, questions, or matters related to Wakf properties, and parties should approach the Tribunal before seeking recourse in the Civil Court or High Court under Article 226 of the Constitution of India.

Applicability of Wakf Act, 1995:
The Wakf Act, 1995 established a special Tribunal to address Wakf-related disputes, aiming to reduce the burden on regular courts. The Act empowers the Wakf Tribunal to decide on all matters concerning Wakf properties, with wide-ranging jurisdiction under Section 83. The Tribunal is granted powers equivalent to those of a Civil Court under the Code of Civil Procedure, including the ability to grant temporary injunctions. The Supreme Court clarified that parties can approach the Wakf Tribunal even without a prior order under the Act, as Sections 83 and 84 of the Act provide independent provisions for seeking resolution of Wakf disputes.

Precedents and Conclusion:
The Court cited legal principles emphasizing that when a special law like the Wakf Act provides for a specific forum, general laws should not be invoked. It was held that the Wakf Tribunal has exclusive jurisdiction in Wakf-related matters, and the Civil Court lacks authority in such cases. The judgment of the Calcutta High Court was set aside, affirming the jurisdiction of the Wakf Tribunal. The parties were directed to approach the Wakf Tribunal for resolution, with the appeal being allowed and no costs imposed.