list of wakfs is wakf property or not or
whether a wakf specified in such list is a Shia
wakf or Sunni wakf, the Board ... property is a wakf property or whether a
wakf is a Shia wakf or a Sunni wakf rests entirely with the
Tribunal and no suit
whatever manner which arises relating to a Wakf
or Wakf property can be decided by the Wakf Tribunal. The word `Wakf'
has been defined ... matter relating to a Wakf or Wakf property.
16. We may further clarify that the party can approach the Wakf Tribunal,
even if no order
property in
question is a Wakf property. Since the property is not a Wakf property,
the Wakf Tribunal has no jurisdiction to entertain the suit ... that, in the case of dispute regarding Wakfs,
the aggrieved party needs to approach the Wakf Tribunal constituted under
Section 83 of the Waqf
list of wakfs is wakf
property or not or whether a wakf specified
in such list is a Shia wakf or Sunni Wakf,
the Board ... wakf, is wakf
property or not or whether a wakf specified
in such list is a Shia wakf or a Sunni
44
wakf, the Board
whatever manner which arises relating to a Wakf or
Wakf property can be decided by the Wakf Tribunal. The word 'Wakf' has been ... Parliament in enacting Wakf Act, 1995 is that any
dispute or matter pertaining to Wakf should go before the Wakf Tribunal.
11. We may clarify
appellant and the Wakf Board filed applications before the
Civil Court for transfer of the suit for adjudication by the Wakf
Tribunal in terms ... parties went to trial on the following issues before the Wakf
Tribunal:
“(i) Whether Devendra Prasad was running a joint family
business?
(ii) Whether Devendra
appellants who were occupying different items
which were admittedly wakf properties. The Wakf Tribunal answered the
question of jurisdiction in affirmative and decreed the suit ... madrassa and the assets which relate to Wakf. Nature of the
relief clearly shows that the Wakf Tribunal has got jurisdiction to decide
those disputes
list of Wakfs is Wakf property or not or whether a Wakf specified in such list is a Shia Wakf or Sunni Wakf, the Board ... question whether a particular wakf is a Sunni Wakf or Shia Wakf and matters relating to Wakf and Wakf property.
6. Learned Judge in Musaliar
suit schedule is not a Wakf land. Under Section 83 of the Wakf Act,
1995, this Tribunal has jurisdiction to determine the character of suit ... wakfs. While considering whether any property is wakf, one can visualise
three distinct categories. These are the wakfs which were published by the Wakf
Board
Wakf institution. The
respondent had contended that the suit properties are
not Wakf properties. From the issues framed by the
Wakf tribunal, it is noticed ... whether suit for eviction
from the Wakf properties could be instituted before the
Wakf tribunal. However, what is necessary to be noted is
that
