Punjab-Haryana High Court
Gurdial Singh And Ors. vs Punjab Wakf Board on 10 March, 2006
Equivalent citations: (2006)143PLR794
Author: Hemant Gupta
Bench: Hemant Gupta
JUDGMENT Hemant Gupta, J.
1. The challenge in the present revision petition is to the order dated 25.2.2004, passed by the learned Wakf Tribunal, Ropar, whereby the objection raised by the defendant that the above Tribunal has no jurisdiction to entertain the issue raised by the Wakf Board, was declined.
2. According to the defendant, the Wakf Tribunal has jurisdiction only in respect of the matters falling within the ambit of Sections 6, 32(3) and 54(4) of the Wakf Act, 1995.
3. The plaintiff has filed the suit alleging therein that the defendant was inducted as lessee and since he has not paid the rent, he is liable to be evicted and pay damages and mesne profits for the use occupation of the demised premises.
4. The jurisdiction of the civil Court is barred in terms of Section 85 of the said Act, which contemplates that no suit or other legal proceeding shall lie in any Civil Court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal.
5. Section 83 of the Act provides for constitution of Tribunals for the determination of any dispute, question of other matter relating to a wakf or wakf property under this Act.
6. Since the dispute relates to the wakf property, therefore, the suit in respect of such wakf property could be entertained only by the Wakf Tribunal, in terms of Section 83 of the Act.
7. Consequently, I do not find any illegality or irregularity in the order passed by the learned Wakf Tribunal, which may warrants interference by this Court, in exercise of its revisional jurisdiction.
8. Hence, the present petition is dismissed.
9. The parties through their counsel are directed to appear before the Wakf Tribunal on 17.4.2006 for further proceedings in accordance with law.