2014 (3) TMI 1224 - SC - Indian Laws

Jurisdiction of the Waqf Tribunal in determining the dispute between the parties - Appellant denied that the subject property was waqf property - whether the suit for eviction by the landlord against the tenant relating to waqf property is triable by the civil court or the suit lies within the exclusive jurisdiction of the Waqf Tribunal? - HELD THAT - In Ramesh Gobindram (Dead) through L.Rs. v. Sugra Humayun Mirza Wakf 2010 (9) TMI 1267 - SUPREME COURT , this Court considered Sections 6(1), 6(5), 7(1), 7(5), 83, 85 and few other provisions of the Act and explained the jurisdiction of the Waqf Tribunal vis- -vis Civil Court. As regards the suit for eviction against the tenant(s) of waqf property, the Court held that such suit is triable by the Civil Court as it is not covered by Sections 6 and 7 of the Act. The Court in Bhanwar Lal 2013 (9) TMI 1255 - SUPREME COURT considered the decision in Ramesh Gobindram 2010 (9) TMI 1267 - SUPREME COURT at quite some length. Besides Ramesh Gobindram, the Court in Bhanwar Lal also considered two other decisions, one, Board of Wakf, West Bengal and Anr. v. Anis Fatma Begum and Anr. 2010 (11) TMI 1101 - SUPREME COURT and two, Sardar Khan and Ors. v. Syed Najmul Hasan (Seth) and Ors. 2007 (2) TMI 726 - SUPREME COURT . In Anis Fatma Begum 2010 (11) TMI 1101 - SUPREME COURT , this Court had held that the Waqf Tribunal constituted Under Section 83 of the Act will have exclusive jurisdiction to deal with the questions relating to demarcation of the waqf property. The matter is wholly and squarely covered by Ramesh Gobindram. The suit for eviction against the tenant relating to a waqf property is exclusive triable by the civil court as such suit is not covered by the disputes specified in Sections 6 and 7 of the Act. The impugned order cannot be sustained and it is liable to be set aside and is set aside - Appeal allowed.

Summary

Issues Involved:
1. Jurisdiction of Waqf Tribunal vs. Civil Court in eviction suits involving waqf property.
2. Interpretation of Sections 6, 7, 83, and 85 of the Waqf Act, 1995.

Summary:

Jurisdiction of Waqf Tribunal vs. Civil Court in Eviction Suits Involving Waqf Property:
The primary issue was whether a suit for eviction by a landlord against a tenant relating to waqf property falls within the exclusive jurisdiction of the Waqf Tribunal or the Civil Court. The Supreme Court examined Sections 6 and 7 of the Waqf Act, 1995, which confer exclusive jurisdiction upon the Waqf Tribunal for certain disputes regarding auqaf and remove the jurisdiction of civil courts in such matters.

Interpretation of Sections 6, 7, 83, and 85 of the Waqf Act, 1995:
Sections 6 and 7 of the Act were analyzed to determine their scope. Section 6 deals with disputes regarding whether a property is waqf property and whether a waqf is Shia or Sunni. Section 7 empowers the Tribunal to determine such disputes. Section 83 allows the State Government to constitute Tribunals for disputes relating to waqf property, and Section 85 bars the jurisdiction of civil courts in matters required to be determined by the Tribunal.

Case Analysis:
- Munnerul Islam Madrasa Committee filed a suit for eviction against the Appellant before the Waqf Tribunal, claiming the property as waqf property.
- The Appellant denied the property was waqf property and challenged the Tribunal's jurisdiction.
- The Waqf Tribunal initially directed the plaint to be returned to the civil court but later suo motu recalled this order.
- The Appellant filed revision petitions before the High Court, which were dismissed, leading to the present appeals.

Supreme Court's Decision:
The Supreme Court referred to its earlier decision in Ramesh Gobindram (2010) 8 SCC 726, which held that eviction suits against tenants of waqf property are triable by civil courts, not covered by Sections 6 and 7 of the Act. The Court also considered the decision in Bhanwar Lal (2013) 11 SCALE 210, which did not contradict the view in Ramesh Gobindram.

The Court concluded that the suit for eviction against the tenant relating to waqf property is exclusively triable by the civil court. The impugned order of the High Court was set aside, and the order of the Waqf Tribunal dated 18.09.2010 was restored, directing the Civil Court to proceed with the suit.

Conclusion:
The Civil Appeals were allowed, and the jurisdiction of the Civil Court in eviction suits involving waqf property was affirmed, with no order as to costs.