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TMI Blog2007 (2) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... by the learned Single Judge had set aside the judgment and decree passed by the Addl. District Session Judge-VI, Jaipur in Civil Suit No. 29/95 (271/76) dated 23.1.1996 and held that parties shall approach the Wakf Tribunal for further relief in the matter. 3. The brief facts which are necessary for the disposal of the Appeal are that a suit being Civil Suit No. 29/95 (271/76) was filed by the Plaintiffs (Respondents-herein) in the Court of Addl. District Session Judge-VI, Jaipur, which was dismissed. Aggrieved against the aforesaid order dismissing the suit, an appeal was filed by the Plaintiffs (Respondents-herein) before the High Court taking the plea that by virtue of Section 85 of The Wakf Act, 1995 (hereinafter referred to as The Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e passed by the Addl. District Judge, Jaipur, because in this case also learned Single Judge did not consider Sub-section (5) of Section 7 and decided the matter solely on the basis of Section 85 of the Act. Hence, the impugned decision given by learned Single Judge is not correct and not in accordance with the proposition of law. Learned Counsel for the Respondents has supported the aforesaid judgment. 6. It is relevant to mention here that the Wakf Act, 1993 came into force with effect from 1.1.1996. Section 6 of the Wakf Act, 1995 relates to the disputes regarding wakfs property. Section 6 of the Act reads as under: 6. Disputes regarding wakfs. - (1) If any question arises whether a particular property specified as wakf property in the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny rules made thereunder. (4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under Sub-section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a Court in that State in relation to any question referred to in Sub-section (1). From a perusal of the afore-quoted Section, there is no ambiguity that the intention was that from 1.1.1996 no suit or other legal proceedings relating to the wakf property shall be instituted in any Civil Court. 7. At the same time Sub-section (5) of Section 7 also lays down that it will not affect any pending suit or appeal. Section 7 states the powers of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kf shall be stayed by any Court, Tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under Sub-section (1). (4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under Sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a Civil Court under Sub-section (1) of Section 6, before the commencement of this Act or which is the subject-matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al which was filed by the Respondents (herein) arises out of the Judgment and decree passed by the Addl. District Judge, Jaipur on 23.1.1996 in a suit filed filed on 19.12.1976. Therefore, the appeal which was filed before the High Court against the judgment and decree passed on 23.1.1996 by the Addl. District Judge, Jaipur, will not be governed by this Act. By Sub-section (5) of Section 7, a special provision has been made that on pending suit or proceeding or appeal or review or revision, the Act will not be applicable. In the case of Syed Inamul Haq Shah (supra), the learned Single Judge only considered the effect of Section 85 but did not examine the effect of Sub-section (5) of Section 7 and, on the basis of Section 85, it was held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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