Supreme Court - Daily Orders
Punjab Wakf Board vs Tarlochan Singh(Dead) Thru. Lr. . on 5 February, 2020
Bench: N.V. Ramana, Sanjiv Khanna, Krishna Murari
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1509 OF 2020
(Arising out of S.L.P. (C) No. 15530 OF 2015)
PUNJAB WAKF BOARD … APPELLANT(S)
VERSUS
TARLOCHAN SINGH(DEAD)THRU.LRS.& ANR. … RESPONDENT(S)
WITH
Civil Appeal No.1512/2020 arising out of S.L.P.(C)No.15873/2015,
Civil Appeal No.1513/2020 arising out of S.L.P.(C)No.15670/2015,
Civil Appeal No.1514/2020 arising out of S.L.P.(C)No.15696/2015,
Civil Appeal No.1515/2020 arising out of S.L.P.(C)No.15892/2015
& Civil Appeal No.1516/2020 arising out of S.L.P.
(C)No.15727/2015.
AND
Civil Appeal No.1517/2020 arising out of S.L.P.(C)No.13216/2018,
Civil Appeal No.1518/2020 arising out of S.L.P.(C)No.16031/2018,
Civil Appeal No.1519/2020 arising out of S.L.P.(C)No.16611/2018
Civil Appeal No.1520/2020 arising out of S.L.P.(C)No.19422/2018,
Civil Appeal No.1521/2020 arising out of S.L.P.(C)No.19423/2018,
Civil Appeal No.1522/2020 arising out of S.L.P.(C)No.23534/2018,
Civil Appeal No.1523/2020 arising out of S.L.P.(C)No.23538/2018
Civil Appeal No.1524/2020 arising out of S.L.P.(C)No.26650/2018,
Civil Appeal No.1525/2020 arising out of S.L.P.(C)No.23536/2018,
Civil Appeal No.1526/2020 arising out of S.L.P.(C)No. 7254/2019,
Civil Appeal No.1527/2020 arising out of S.L.P.(C) No. 6196/2019
and Civil Appeal No.1528/2020 arising out of S.L.P.
(C)No.4170/2020 [arising out of Diary No. 7873/2019]
AND
S.L.P.(C)No.13752/2018
O R D E R
Signature Not Verified
Digitally signed by
GEETA AHUJA
Date: 2020.02.24
16:56:16 IST
Civil Appeal No.1509 OF 2020 arising out of S.L.P.(C)
Reason:
No. 15530 of 2015), Civil Appeal No.1512/2020 arising out of
S.L.P.(C) No.15873/2015, Civil Appeal No.1513/2020 arising out
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of S.L.P.(C)No.15670/2015, Civil Appeal No.1514/2020 arising
out of S.L.P.(C)No.15696/2015, Civil Appeal No.1515/2020
arising out of S.L.P.(C)No.15892/2015 & Civil Appeal
No.1516/2020 arising out of S.L.P.(C)No.15727/2015:
Leave granted.
Heard the learned counsel appearing for the Punjab Wakf
Board and the learned counsel appearing for the respondents.
Taking into consideration the judgment by this Court in
Civil Appeal Nos.92/2019 and 93/2019 titled as “Punjab Wakf
Board vs. Sham Singh Harike etc.”, reported in (2019) 4 SCC
698, which held that the bar of jurisdiction of civil court is
confined only to those matters which are required to be
determined by the tribunal under the Waqf Act, 1995
(hereinafter referred to as the “1995 Act”) and the civil
court shall have jurisdiction to entertain the suit and
proceedings which are excluded under the 1995 Act, we are of
the considered view that the High Court has rightly dismissed
the Revision Petitions granting liberty to the Wakf Board to
approach the civil court for their rights.
Accordingly, we see no reason to interfere with the
impugned order passed by the High Court of Punjab and Haryana
at Chandigarh.
The appeals are, accordingly, dismissed.
Pending applications filed in the matters also stand
disposed of.
At the request of the counsel for the appellant Punjab
Wakf Board, we grant liberty, without making any comment or
observations, to the said Board to approach the civil court or
any other forum for the reliefs they seek. The appellant(s)
have stated that post amendment vide Act 27 of 2013, the Wakf
Tribunal has jurisdiction. It is obvious that the respondents
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would be entitled to raise objections and contest the
proceedings in accordance with law.
Civil Appeal No.1517/2020 arising out of S.L.P.(C)No.13216/2018,
Civil Appeal No.1518/2020 arising out of S.L.P.(C)No.16031/2018,
Civil Appeal No.1519/2020 arising out of S.L.P.(C)No.16611/2018
Civil Appeal No.1520/2020 arising out of S.L.P.(C)No.19422/2018,
Civil Appeal No.1521/2020 arising out of S.L.P.(C)No.19423/2018,
Civil Appeal No.1522/2020 arising out of S.L.P.(C)No.23534/2018,
Civil Appeal No.1523/2020 arising out of S.L.P.(C)No.23538/2018
Civil Appeal No.1524/2020 arising out of S.L.P.(C)No.26650/2018,
Civil Appeal No.1525/2020 arising out of S.L.P.(C)No.23536/2018,
Civil Appeal No.1526/2020 arising out of S.L.P.(C)No. 7254/2019,
Civil Appeal No.1527/2020 arising out of S.L.P.(C)No. 6196/2019
Civil Appeal No.1528/2020 arising out of S.L.P.(C)No.4170/2020
[arising out of Diary No. 7873/2019):
Delay in filing the application for substitution is
condoned and application for substitution is allowed in
Special Leave Petition (C)No. 6196/2019.
Delay condoned in S.L.P.(C) D. No. 7873/2019.
Leave granted.
These appeals arise out of common impugned Judgment
whereby the High Court has dismissed the Revision Petitions
filed by the appellants herein.
In fact, initially the proceedings were initiated by the
sole respondent in all the matters, i.e. Haryana Wakf Board,
before the Wakf Tribunal seeking eviction, suit for
possession, mesne profits and consequential relief of
permanent injunction claiming to be owner of the property and
declaring the petitioners herein in unauthorized possession of
the property. The said reliefs were granted by the Wakf
Tribunal by its Order dated 28102015. Feeling aggrieved, the
Revision Petitions were filed by the appellants herein and the
High Court vide its Order dated 932018 dismissed the same.
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The appellants herein have challenged the said dismissal
of the Revision Petitions and filed these appeals by way of
Special Leave Petitions before us.
After hearing the learned counsel appearing for the
parties at length, there is no dispute that the issues raised
in these appeals are covered by the Judgment of this Court in
Punjab Wakf Board (supra). This Court has clearly held that in
case of disputes relating to title of the Wakf property, the
Wakf Tribunal has the jurisdiction to decide the case and as
far as the ejectment and recovery of possession are concerned,
the respondent has to file a suit before the appropriate
forum/court having jurisdiction. In the present case, even
though the respondent had wrongly approached the Wakf Tribunal
for the reliefs, the order of the Wakf Board has been upheld
by the High Court. This in view of the decision in the Punjab
Wakf Board (supra) is not correct.
In view of the above, we dispose of the appeals upholding
the finding that the Wakf Board is the owner of the property
as per the notification issued, but hold that so far as the
possession and ejectment etc. are concerned, it is open for
the Wakf Board to approach the appropriate forum in accordance
with law; in terms of the liberty granted above. If any such
petition is filed by the Wakf Board, taking into consideration
the delay, the forum would be well advised to dispose of the
same expeditiously.
The appeals are partly allowed in the aforesaid terms.
Pending applications filed in the matters also stand
disposed of.
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S.L.P.(C) No.13752/2018:
The Special Leave Petition is dismissed.
.....................J.
(N.V. RAMANA)
.....................J.
(SANJIV KHANNA)
.....................J.
(KRISHNA MURARI)
NEW DELHI;
FEBRUARY 5, 2020
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ITEM NO.2 COURT NO.2 SECTION IVB/XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.15530/2015
(Arising out of impugned final judgment and order dated
14012015 in CR No. 7360/2012 passed by the High Court Of
Punjab & Haryana At Chandigarh)
PUNJAB WAKF BOARD Petitioner(s)
VERSUS
TARLOCHAN SINGH(DEAD) THRU. LR.& ANR. Respondent(s)
WITH
SLP(C) No. 15873/2015 (IVB)
SLP(C) No. 15670/2015 (IVB)
SLP(C) No. 15696/2015 (IVB)
SLP(C) No. 15892/2015 (IVB)
SLP(C) No. 15727/2015 (IVB)
SLP(C) No. 13216/2018 (IVB)
SLP(C) No. 13752/2018 (XVI)
(FOR EXEMPTION FROM FILING O.T. ON IA 76080/2018)
SLP(C) No. 16031/2018 (IVB)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
86961/2018 AND FOR EXEMPTION FROM FILING O.T. ON IA
86962/2018)
SLP(C) No. 16611/2018 (IVB)
(IA No. 90079/2018 EXEMPTION FROM FILING O.T.)
SLP(C) No. 19422/2018 (IVB)
(FOR EXEMPTION FROM FILING O.T. ON IA 98159/2018)
SLP(C) No. 19423/2018 (IVB)
(IA No. 98074/2018 EXEMPTION FROM FILING O.T.)
SLP(C) No. 23534/2018 (IVB)
(FOR EXEMPTION FROM FILING O.T. ON IA 108248/2018)
SLP(C) No. 23538/2018 (IVB)
(IA No. 102873/2018 EXEMPTION FROM FILING O.T.)
SLP(C) No. 26650/2018 (IVB)
SLP(C) No. 23536/2018 (IVB)
(FOR EXEMPTION FROM FILING O.T. ON IA 104282/2018)
SLP(C) No. 7254/2019 (IVB)
(IA No. 153780/2018 EXEMPTION FROM FILING O.T.)
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SLP(C) No. 6196/2019 (IVB)
(IA No. 162819/2018 APPLICATION FOR SUBSTITUTION AND IA
No. 162820/2018 CONDONATION OF DELAY IN FILING SUBSTITUTION
APPLN.)
Diary No.7873/2019 (IVB)
(IA No. 114784/2019 CONDONATION OF DELAY IN FILING SLP, IA
No. 114785/2019 CONDONATION OF DELAY IN REFILING SLP AND IA
No. 114786/2019 EXEMPTION FROM FILING O.T.)
S.L.P.(C) No.13752/2018
Date : 05022020 These petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s)
Mr. Abhishek Vikas, AOR
Mr. Imtiaz Ahmed, Adv.
Mrs. Naghma Imtiaz, Adv.
Mr. Ahmed Zargham, Adv.
Mr. Ahmed Faraz, Adv.
Ms. Farheen Fatma, Adv.
For M/s.Equity Lex Associates, AOR
Mr. Rakesh Kr. Khanna, Sr. Adv.
Mr. Nirmal Singh Chechi, Adv.
Mr. Virender Singh, Adv.
Ms. Vaishali Gupta, Adv.
Mr. Himanshu Mehra, Adv.
Mr. Sudhir Naagar, AOR
For Respondent(s)
Mr. Imtiaz Ahmed, Adv.
Mrs. Naghma Imtiaz, Adv.
Mr. Ahmed Zargham, Adv.
Mr. Ahmed Faraz, Adv.
Ms. Farheen Fatma, Adv.
For M/S. Equity Lex Associates, AOR
Mr. Sumeer Sodhi, Adv.
Mr. Amitabh Sinha, Adv.
Mr. T. Mahipal, AOR
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Mr. R.K. Kapoor, Adv.
Ms. Priya Pande, Adv.
Mr. Anis Ahmed Khan, AOR
Mr. Avinash Kr. Lakhanpal, AOR
Mr. Karan Dewan, Adv.
Miss Aanchal Jain, AOR
Mr. Irshad Ahmad, AOR
Farah Hashmi, Adv.
Mr. Mohd. Farhan Khan, Adv.
Md. Shahid Anwar, AOR
UPON hearing the counsel the Court made the following
O R D E R
SLP(C)No.15530/2015, SLP(C) No.15873/2015 SLP(C) No. 15670/2015, SLP(C) No. 15696/2015, SLP(C) No.15892/2015 and SLP(C) No. 15727/2015: Leave granted.
The appeals are dismissed in terms of the signed order. Pending applications filed in the matters also stand disposed of.
SLP(C) No. 13216/2018, SLP(C) No. 16031/2018, SLP(C) No. 16611/2018, SLP(C) No. 19422/2018, SLP(C) No. 19423/2018, SLP(C) No. 23534/2018, SLP(C) No. 23538/2018, SLP(C) No. 26650/2018, SLP(C) No. 23536/2018, SLP(C) No. 7254/2019, SLP(C) No. 6196/2019 and Diary No.7873/2019: Delay in filing the application for substitution is condoned and application for substitution is allowed in Special Leave Petition (C)No. 6196/2019. Delay condoned in S.L.P.(C) D. No. 7873/2019. Leave granted.
The appeals are partly allowed in terms of the signed order.
9Pending applications filed in the matters also stand disposed of.
S.L.P.(C) No.13752/2018:
The Special Leave Petition is dismissed.
(VISHAL ANAND) (RAJ RANI NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed Order is placed on the file)