9911796707
|
Home
Issues:
1. Jurisdiction of Civil Court in Wakf matters post Wakf Act, 1995. Analysis: The judgment in question pertains to an appeal against an order of a Single Judge of the High Court of Rajasthan, Jaipur Bench, setting aside a judgment and decree passed by the Addl. District & Session Judge-VI, Jaipur in a Civil Suit. The Plaintiffs had contended that due to Section 85 of The Wakf Act, 1995, the Civil Court lacked jurisdiction in the matter, and the judgment was without jurisdiction. The Single Judge allowed the appeal, directing the parties to approach the Wakf Tribunal. The Appellants challenged this decision, arguing that the Single Judge did not consider Sub-section (5) of Section 7 of the Act, which states that the Act does not apply to pending suits or proceedings initiated before its commencement. The Appellants emphasized that the Act does not have retrospective effect on pending matters. The Wakf Act, 1995, which came into force on 1.1.1996, governs disputes related to Wakf properties. Section 6 of the Act deals with disputes concerning Wakf properties and specifies that no legal proceedings regarding Wakf properties shall be instituted in any Civil Court post the Act's commencement. Sub-section (5) of Section 7 further clarifies that the Act does not affect pending suits or appeals initiated before the Act's enforcement. The judgment highlights that the Tribunal lacks jurisdiction over matters already pending in Civil Courts before the Act's commencement, ensuring that such cases continue as if the Act had not come into force. The Court noted that the suit in question was filed in 1976, with the judgment delivered in 1996, and the appeal filed thereafter. As the suit was initiated before the Act's enforcement, the Tribunal did not have jurisdiction over the matter. The judgment emphasizes that the Act does not apply retrospectively to pending suits or appeals, as stated in Sub-section (5) of Section 7. The Court held that the Single Judge erred in not considering this provision and solely relying on Section 85 of the Act. Consequently, the impugned order was set aside, and the matter was remitted back to the High Court for proper adjudication in accordance with the law. In conclusion, the Supreme Court clarified the jurisdictional aspect of Civil Courts in Wakf matters post the enactment of the Wakf Act, 1995. The judgment emphasized that the Act does not apply to pending suits or proceedings initiated before its commencement, ensuring continuity in such matters. The decision underscores the importance of considering all relevant provisions of the Act while determining jurisdictional issues in Wakf disputes.
|
