Andhra HC (Pre-Telangana)
T. Shivalingam vs A.P. Wakf Tribunal, Presiding Officer, ... on 14 June, 1999
Equivalent citations: 1999(3)ALD646, 1999(3)ALT602
Author: Bilal Nazki
Bench: Bilal Nazki
ORDER
1. This is a highly misconceived Writ Petition. A suit has Wakf property been filed by the respondents before A.P. State Wakf Tribunal seeking eviction of the petitioner from the property belonging to Wakf. The petitioner is a tenant of Wakf property. According to the plaintiffs-respondents the tenancy has been terminated and the tenants have sub-let the leased property, therefore they filed a suit seeking a direction against the present petitioner and others that they should deliver the vacant possession of the suit building to the plainiiffs-respondents. A Writ of Prohibition has been filed on- the ground that the Tribunal has no jurisdiction to entertain suits of the present nature i.e., suit for eviction. Reliance lias been placed on Section 7 of the Wakf Act, 1995. Section 7 of the Act gives power to Tribunal to determine disputes regarding Wakfs. It is stated that once the properties are notified as Wakf property in terms of Section 5 of the Act and if there is any dispute as to whether a particular property notified sa Wakf property is such a property or not, the dispute can be decided by the Tribunal. It is also contended that, if there is a dispute whether a property notified is a Shia Wakf or Sunni Wakf, the dispute can be decided by the Tribunal. The learned Counsel for the petitioner submits that no other dispute regarding the property can be decided by the Tribunal.
2. The petitioner has conveniently forgotten to see the import of Chapter-VIII of the Wakf Act, 1995. Section 83 lays down that the State Government shall by notification constitute Tribunals for the determination of any dispute, question or other matter relating to a Wakf property under this Act. So, it is Section 83 which grants jurisdiction to the Tribunals to entertain any disputes with regard to Wakf property. So, all disputes with regard to Wakf property, are triable by the Tribunal. It becomes more clear after reading Section 85 of the Act that this is the only interpretation which can be placed on Section 83, because Section 85 bars the jurisdiction of Civil Courts in respect of any dispute, question or other matter relating to any Wakf property. If the argument of the learned Counsel for the petitioner is accepted that suits for eviction of Wakf property cannot be entertained by the Tribunal, then, there cannot be any suit for eviction with regard to Wakf property, because such suits are barred in Civil Courts by Section 85. I have no doubt in my mind that the Tribunal has jurisdiction to entertain and decide the suit which is pending before it. Section 7 of the Act is not a bar for entertaining of such suits but it only lays down that disputes regarding nature of property as to whether it is Wakf property or not can be decided only by the Tribunal. Jurisdiction to entertain other types of suits with regard to property which is declared as Wakf property is conferred on the Tribunal by Section 83 of the Act.
3. This Writ Petition is misconceived and deserves dismissal and is accordingly dismissed.