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TMI Blog2014 (3) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of auqaf. Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in Sub-section (6) of Section 4. (2) Notwithstanding anything contained in Sub-section (1), no proceeding under this Act in respect of any waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. (3) The Survey Commissioner shall not be made a party to any suit under Sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of auqaf 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for revision or review arising out of such suit, proceeding or appeal, as the case may be. (6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence. 3. Thus, Sections 6 and 7 of the Act not only confer exclusive jurisdiction upon the Waqf Tribunal for determination of certain disputes regarding auqaf but also take jurisdiction of the civil court away in respect of such disputes. 4. Munnerul Islam Madrasa Committee - Respondent No. 1 - filed a suit for eviction against the Appellant before the Waqf Tribunal, inter alia, setting up the plea that Respondent No. 1 is the landlord and the Appellant is the tenant in the subject property. The subject property is described as waqf property. 5. The Appellant denied that the subject property was w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Sub-section (1) relates to any waqf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the waqf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter. Provided that the State Government may, if it is of opinion that it is expedient in the interest of the waqf or any other person interested in the waqf or the waqf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such waqf or waqf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred, shall deal with the application from the stage which was reached before the Tribunal from which the application has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter relating to any waqf, waqf property or other matter which is required by or under this Act to be determined by a Tribunal. 11. In Ramesh Gobindram (Dead) through L.Rs. v. Sugra Humayun Mirza Wakf (2010) 8 SCC 726, 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-à-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. 12. The Court in para 35, page 738 held as follows: 35. In the cases at hand the Act does not provide for any proceedings before the Tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and the lessees of such property. A suit seeking eviction of the tenants from what is admittedly wakf property could, therefore, be filed only before the civil court and not before the Tribunal. 13. Mr. Renjith Marar, learned Counsel for Respondent No. 1, submits that in a subsequent decision in Bhanwar Lal and Anr. v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Section 85 does not, however, exclude the jurisdiction of the civil courts in respect of any or every question or disputes only because the same relates to a wakf or a wakf property. Section 85 in terms provides that the jurisdiction of the civil court shall stand excluded in relation to only such matters as are required by or under this Act to be determined by the Tribunal. 34. The crucial question that shall have to be answered in every case where a plea regarding exclusion of the jurisdiction of the civil court is raised is whether the Tribunal is under the Act or the Rules required to deal with the matter sought to be brought before a civil court. If it is not, the jurisdiction of the civil court is not excluded. But if the Tribunal is required to decide the matter the jurisdiction of the Civil Court would stand excluded. 17. The matter before us is wholly and squarely covered by Ramesh Gobindram (2010) 8 SCC 726. 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. 18. In view of the above, the impugned order cannot be sustained a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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