Indian Kanoon - Search engine for Indian Law

--12--

Tribunal shall be deemed to be a Civil Court. The Wakf Act has conferred powers on the Tribunal to resolve various disputes under the Wakf Act. Sections 6,7, 32(3), 54(4) of the Act, deal with the matters where the suits can be filed before the Tribunal. Sections 6 and 7 of the Act deal with the dispute, as to whether a particular property is a Wakf, whether it is Shia Wakf or Sunni Wakf. Section 32(22)(d) of the Act enables the Wakf Board to settle schemes of management of a Wakf, and, if any, person who is interested in the Wakf or affected by the settlement or direction may institute a suit before the Tribunal. Section 54 deals with the removal of encroachment from the Wakf property. Any person aggrieved by the order passed by the Chief Executive Officer could institute a suit, before the Tribunal. The Tribunal can also entertain applications. Section 39 (21) empowers the Board to make an application to the Tribunal, for the recovery of possession of any building or other place which was being used for religious purposes or institution or for charity before the commencement of the Act, has ceased to be used for that purpose. The second proviso to Section 51(2) also enables the Tribunal to entertain application concerning alienation of Wakf property.