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TMI Blog2010 (11) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... Wakf dated 22.09.1936 by one late Shahzadi Begum. By the said Wakf Deed the Wakf was created with the object of dedicating the property being Premises No. 33, Shakespeare Sarani, (formerly Theatre Road), Calcutta-700 017, partly for the benefit of the Wakifa, her family and descendants and partly for pious and religious purposes. In order to give effect to the object of the Wakf, the property had been demarcated and/or divided into two portions having 75% share for Wakf-al-al-aulad and 25% share for pious and religious purposes. The Wakf had been enrolled under the appropriate laws then prevailing, and registered as a Wakf Estate. The aforesaid property has been partitioned by metes and bounds by keeping 75% thereof for the benefit of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India. 11. It may be mentioned that the Wakf Act, 1995 is a recent parliamentary statute which has constituted a special Tribunal for deciding disputes relating to Wakfs. The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in increase in pendency of cases in the Courts. Hence, a special Tribunal has been constituted for deciding such matters. 12. Section 83 (1) of the Wakf Act, 1995 states, 83. Constitution of Tribunals, etc. - (1) The Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted before the Wakf Tribunal. 15. Under Section 83 (5) of the Wakf Act, 1995 the Tribunal has all powers of the Civil Court under the Code of Civil Procedure, and hence it has also powers under Order 39 Rules 1, 2 and 2A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions. Hence, a full-fledged remedy is available to any party if there is any dispute, question or other matter relating to a Wakf or Wakf property. 16. We may further clarify that the party can approach the Wakf Tribunal, even if no order has been passed under the Act, against which he/she is aggrieved. It may be mentioned that Sections 83 (1) and 84 of the Act do not confine the jurisdiction of the Wakf Tribunal to the determination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Project Ors vs. Ravinder Nath Ors. (2008) 2 SCC 350, this Court held that when the matter fell in the area covered by the Industrial Disputes Act, the Civil Court would have no jurisdiction. In the above decision the Court has referred to several earlier decisions on this point. 21. In view of the above, we are of the opinion that since the matter fell under the purview of the Wakf Act, only the Wakf Tribunal has jurisdiction in the matter, and not the Civil Court. 22. However, in view of the decision of this Court in Sardar Khan vs. Syed Najmul Hasan (Seth) Ors. AIR 2007 SC 1447, the Wakf Act will not be applicable to suits/appeals/revisions/proceedings commenced prior to 1.1.1996 when the Wakf Act came into force. 23. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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