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[REPORTABLE]

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7902 OF 2013

(Arising out of Special Leave Petition (Civil) No. 13215 of 2006)

Bhanwar Lal & Anr. ………Appellants

vs.

Rajasthan Board of Muslim Wakf & Ors. ……….Respondents

J U D G M E N T

A.K. SIKRI, J.

1.Leave granted.

2.The question that needs determination in the present appeal is as

to whether Civil Court lacks the jurisdiction to entertain the suit filed

by the respondent herein or the subject matter of the suit lies within the

exclusive jurisdiction of the Tribunal constituted under the Rajasthan

Wakf Act, 1995 (hereinafter to be referred as the ‘Act’), having regard

to the provisions of Section 85 of the Act. Though the suit was filed by

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the Respondent in the Civil Court, it is on the application of the

Respondent itself stating that the suit was not maintainable in view of

the bar contained in Section 85 of the Act, the Civil Court returned the

plaint accepting the said contention of the Respondent. The Petitioners

herein, who were the Defendants in the suit, challenged the order of the

Civil Court by filing Revision Petition under Section 115 of the Code

of Civil Procedure in the High Court of Judicature for Rajasthan, at

Jodhpur. The said Revision Petition is also dismissed by the impugned

orders. It is how the present proceedings arise, questioning the validity

of the orders of the High Court.

3.The facts around which the controversy is involved do not

require big canvass and are re-capitulated herein below:

The property in dispute which is the subject matter of litigation,

is situated in the town of Nagaur in the State of Rajasthan and is in the

possession of the petitioners herein.

Respondent No. 1 is the Rajasthan Board of Muslim Wakf and

Respondent No. 2 is the Muslim Board Committee. Both the

Respondents claimed that the subject property is the Wakf Property.

These Respondents, filed the Civil Suit in the year 1980 for possession

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of the said property as well as for rendition of accounts against the

petitioners herein claiming it to be a wakf property. On coming to

know, after filing of the suit, that one trustee Mr. Naimuddin S/o

Abdul Bari had sold the property to the petitioners vide sale deed dated

28.2.1983, the Respondent Nos. 1 & 2 amended the plaint by adding

the relief of declaration to the effect that the said sale deed dated

28.2.1983 was invalid.

4.The Petitioners filed the written statement and contested the suit

raising number of defences. The Trial Court, i.e. the Additional

District Judge, framed the following issues on 4.8.1984:

(i)Whether Haveli and the land of compound

including the land underneath the measurements of

which have been given in paragraph-3 of the plain,

are Wakf Property?

(ii)Whether the sale deed executed by Defendant No. 1

in favour of Defendant No. 3 regarding the Haveli

and the land of the compound dated 22.06.1960 for

Rs. 400/- is invalid because the property is Wakf

Property?

(iii)Whether the sale deeds in favour of Defendants No.

4 and 5 are invalid with respect to Haveli and the

land of the compound because the property is Wakf

Property?

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(iv)Whether the sale deed executed by defendant

Naimuddin in favour of defendant No. 5 on

28.2.1983 is invalid.

(v)Whether the plaintiffs are entitled to file the present

suit?

(vi)Whether the suit is barred by limitation?

(vii)Whether Court Fee insufficient?

(viii)Relief.

5.The suit, thereafter, went on trial. All the parties led their

evidence, though it took considerable time. When the matter was ready

for final hearing, on 2.12.2000, the Respondent Nos. 1 & 2 filed the

application under Section 85 of the Act raising the contention that the

suit in question could not be tried by the Civil Court as the jurisdiction

of the Civil Court was barred. Prayer was made that the plaint filed by

them may be returned to be presented before the Tribunal constituted

under the Act, which alone had the jurisdiction to try the suit.

6.Their application was allowed by the learned Additional District

Judge vide orders dated 4.1.2001 holding that the question whether the

property in question was Wakf Property or not, could be decided only

by the Tribunal and Section 85 of the Act specifically barred the

jurisdiction of Civil Court. In the Revision Petition filed by the

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petitioners challenging the validity of the orders of the Additional

District Judge, the High Court has concurred with this view, stating

that the position in law in this behalf was settled by the judgment of

the Rajasthan High Court in Syed Inamul Haq Shah vs. State of

Rajasthan and Anr.; AIR 2001 Raj 19. In the short order of two

paragraphs referring to the aforesaid judgment, the Revision Petition

has been dismissed.

7.Learned Counsel for the appellant, at the outset, drew our

attention to the judgment of this Court whereby the said judgment of

the High Court has been overruled. The judgment in this Court is

reported as 2007 (10) SCC 727 titled Sardar Khan and Os. vs. Syed

Nazmul Hasan (Seth) and Ors. He, thus submitted that since the very

foundation of the impugned judgment stood demolished in view of

overruling of the said judgment by this Court, the order of the High

Court needs to be set aside.

8.To this extent submission of the learned Counsel for the

appellant is correct. As pointed above, without any discussion of its

own, the High Court has simply relied upon its earlier judgment in

Syed Inamul Haq (supra) and dismissed the Revision Petition.

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Therefore, while setting aside the impugned order, we could have

remitted the case back to the High Court to decide the Revision

Petition afresh. However, learned Counsel for both the parties

submitted that the question of jurisdiction be decided by this Court so

that this aspect attains finality, more so when the lis is pending for

quite some time. Conceding to this prayer of both the parties, we

heard the matter on the aforesaid question in detail. We now propose to

answer this question of jurisdiction, as formulated in the beginning.

9. We have already mentioned the subject matter of the suit filed

by the Respondent Nos. 1 & 2 herein, which is predicated on the plea

that the suit property is Wakf Property. On this basis it is pleaded in

the suit that the sale deed in favour of the Petitioners is null and void as

Mr. Naimuddin who purportedly executed sale deed dated 22.9.1983 in

favour of the Petitioner No. 2 had no authority to do so. As a

consequence, the Respondent Nos. 1 & 2 maintain that the petitioners

are in unauthorized possession of the Property. Possession of the said

property alongwith rendition of accounts are the other reliefs claims in

the suit.

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10.Rajasthan Wakf Act, 1995, governs the Wakf properties in the

said State. The Tribunal is constituted under this Act and is inter alia

empowered to determine suits regarding wakfs as laid down under

Section 7 of the Act. Therefore, we would like to reproduce here

Section 7 of the said Act.

7.Power of Tribunal to determine disputes regarding

wakfs –

(1) If, after the commencement of this Act, any

question arises, whether a particular property

specified as wakf property in a list of wakfs is wakf

property or not, or whether a wakf specified in such

list is a Shia wakf or a Sunni wakf, the Board or the

mutawalli of the wakf, or any person interested

therein, may apply to the Tribunal having

jurisdiction in relation to such property, for the

decision of the question and the decision of the

Tribunal thereon shall be final:

Provided that-

(a)in the case of the list of wakfs relating to any

part of the State and published after the

commencement of this Act no such

application shall be entertained after the

expiry of one year from the date of

publication of the list of wakfs.

(b)in the case of the list of wakfs relating to any

part of the State and published at any time

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within a period of one year immediately

preceding the commencement of this Act,

such an application may be entertained by

Tribunal within the period of one year from

such commencement:

Provided further that where any such question has been heard

and finally decided by a civil court in a suit instituted before

such commencement, the Tribunal shall not re-open such

question.

(2)Except where the Tribunal has no jurisdiction by reason

of the provision of sub-section (5), no proceeding under

this Section in respect of any wakf shall be stayed by any

court, tribunal or other authority by reason only of the

pendency of any suit, application or appeal or other

proceeding arising out of any such suit, application,

appeal or other proceeding.

(3)The Chief Executive Officer shall not be mad a party to

any application under sub-section (1).

(4)The list of wakfs and where any such list is modified in

pursuance of a decision of the Tribunal under sub-section

(1), the list as so modified, shall be final.

(5)The Tribunal shall not have jurisdiction to determine any

matter which is the subject matter of any suit or

proceeding instituted or commenced in a civil court under

sub-section 91) of section 6, before the commencement of

this Act or which is the subject matter of any appeal from

the decree passed before such commencement in any such

suit or proceeding or of any application for revision or

review arising out of such suit, proceeding or appeal, as

the case may be”.

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Section 85 of the Act barred the jurisdiction of the Civil Court to

decide such issues. Section 85 reads as under:

“85. Bar of Jurisdiction of Civil Courts. – 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”.

11.As per Sub-section (1) and Section 7 of the Act, if any question

arises, whether a particular property specified as wakf property in a list

of wakfs is wakf property or not, it is the Tribunal which has to decide

such a question and the decision of the tribunal is made final. When

such a question is covered under sub-section (1) of Section 7, then

obviously the jurisdiction of the Civil Court stands concluded to

decide such a question in view of specific bar contained in Section 85.

It would be pertinent to mention that, as per sub-section (5) of Section

7, if a suit or proceeding is already pending in a Civil Court before the

commencement of the Act in question, then such proceedings before

the Civil Court would continue and the Tribunal would not have any

jurisdiction.

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12.On a conjoint reading of Section 7 and Section 85, legal position

is summed up as under:

(i)In respect of the questions/ disputes mentioned in

sub-section (1) of Section 7, exclusive jurisdiction

vests with the tribunal, having jurisdiction in

relation to such property.

(ii)Decision of the tribunal thereon is made final.

(iii)The jurisdiction of the Civil Court is barred in

respect of any dispute/ question or other matter

relating to any wakf, wakf property for other

matter, which is required by or under this Act, to be

determined by a tribunal,

(iv)There is however an exception made under Section

7(5) viz., those matters which are already pending

before the Civil Court, even if the subject matter is

covered under sub section (1) of section 6, the Civil

Court would not continue and the tribunal shall

have the jurisdiction to determine those matters.

13.Present suit was instituted in the year 1980, i.e. much before the

Rajasthan Wakf Act, 1995 was enacted. Therefore, if the subject

matter is covered by sub-section (1) of Section 6, the jurisdiction of

Civil Court remains by virtue of Section 5 of the Act. To enable us to

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find an answer to this, the provisions of Section 5 and 6 also become

relevant and need to be noticed at this juncture. Before that, we would

like to state the scheme of chapter II of the Act which contains all these

Sections including Section 7 Chapter II starts with Section 4.

14.Under Section 4 of the Act, power is given to the Survey

Commissioner to conduct survey and make enquiries for discerning

whether particular properties are wakf properties or not. After making

the enquiries, the Survey Commissioner, who is given the powers of

Civil Court under the Code of Civil Procedure in respect of certain

matters specified under Section 4 (4) of the Act, makes a report to the

State Government. On receipt of such a report under sub-section (3) of

section 4 of the Act, the State Government has to forward a copy of the

same to Wakf Board as stipulated under Section 5(1) of the Act. The

Wakf Board is required to examine this report, as provided under sub-

section (2) of section 5 of the Act and is to publish in the official

gazette a list of Sunni wakfs or Shia wakfs in the State, whether in

existence at the commencement of this Act or coming into existence

thereafter. If any dispute arises in respect of wakfs list which is

published in the official gazette under section 5 of the Act, the Board

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or the mutawalli of the wakf or any person interested therein is given a

right to institute a suit in a tribunal. This remedy is provided under

Section 6 of the Act, Section 6 of the Act which reads as under:

Xxxxxx

“6.Disputes regarding wakfs. –

(1)If any question arises whether a particular

property specified as wakf property in the 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 or the mutawalli of the wakf or any

person interested therein may institute a suit in a

tribunal for the decision of the question and the

decision of the tribunal in respect of such matter

shall be final.

Provided that no such suit shall be entertained by

the tribunal afer the expiry of one year from the

date of the publication of the list of wakfs.

(2)Notwithstanding anything contained in sub-

section (1), no proceeding under this Act in respect

of any wakf shall be stayed by reason only of the

pendency of any such suit or of any appeal or other

proceeding arising out of such suit.

(3)The Survey Commissioner shall not be made

a party to any suit under sub-section (1) and no suit,

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prosecution or other legal proceeding shall lie

against him in respect of anything which is in good

faith done or intended to be done in pursuance of

this Act or any rules made thereunder.

(4)The list of wakfs shall, unless it is modified

in pursuance of a decision or the Tribunal under

sub-section (1), be final and conclusive.

(5)On and from the commencement of this Act

in a State, no suit or other legal proceeding shall be

instituted or commenced in a Court in that State in

relation to any question referred to in sub-section

(1)”.

15.The subject matter of the suit which can be filed before the

tribunal, relates to the list of Wakfs as published in Section 5. If any

dispute arises in respect of the said list namely whether the property

specified in the said list is Wakf property or not or it is Shia wakf or

Sunni wakf, suit can be filed for decision on these questions. Sub-

section (5) of section 7 saves the jurisdiction of those suits, subject

matter whereof is covered by sub- section (1) of section 6, which were

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instituted before the commencement of said suit. Keeping in view this

legal framework, we have to answer this issue that has arisen.

16.Before we deal with controversy at hand, we would like to

discuss some judgments of this Court that may have bearing on the

issue.

First case that needs mention is Sardar Khan and Ors . vs. Syed

Nazmul Hasan (Seth) and Ors . ; 2007 (4) Scale 81; 2007 (10) SCC

727. In that case Civil Suit was filed by the plaintiffs (Respondents in

the Supreme Court) in the year 1976 in the Court of Additional District

Judge, Jaipur which was dismissed. The plaintiffs filed the appeal

before the High Court taking the plea that by virtue of Section 85 of

the Act, the Civil Court failed to have any jurisdiction in the matter

and, therefore, judgment and decree passed by the learned Additional

District Judge was without jurisdiction. This appeal was allowed

accepting the contention of the Respondents. Challenging the order of

the High Court, the appellants had filed the Special Leave Petition in

which leave was granted and the appeal was heard by this Court. The

Court took into consideration the provisions of Sections 6, 7 and 85 of

the Act and concluded that the said Act will not be applicable to the

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pending suits or proceedings or appeals or revisions which had

commenced prior to 1.1.1996 as provided in sub-section (5) of Section

7 of the Act and allowed the appeal holding that Civil Court will

continue to have the jurisdiction in respect of the cases filed before

coming into force Wakf Act, 1995.

17.The provisions of Andhra Pradesh Wakf Act, 1995 which are

identical in nature, came up for consideration again in the case of

Ramesh Gobindram (Dead) Through LRs v. Sugra Humayun Mirza

Wakf; 2010 (8) SCC 726. The question which was posed for

determination was:

“Whether the Wakf Tribunal constituted under Section 83

of the Act, 1995 was competent to entertain and

adjudicate upon disputes regarding eviction of the

appellants who are occupying different items of what are

admittedly wakf properties?”

18.Suits for eviction were filed before the Wakf Tribunal which had

held that it had the jurisdiction to entertain those suits and after

adjudication had decreed the suits filed by the Respondent – Sugra

Humayun Mirza Wakf. The tenants/ appellant filed revision petitions

against that order before the High Court of Andhra Pradesh which

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dismissed the revision petition, affirming the view of the Wakf

Tribunal regarding its jurisdiction. Against the order of the High

Court, the appellant approached this Court. The Court noticed that in

few judgments High Court of Andhra Pradesh had taken the view that

the Tribunal established under Section 83 of the Wakf Act is

competent to entertain and adjudicate upon all kinds of disputes so

long as the same relate to any Wakf Property. Similar views were

expressed by the High Court of Rajasthan, Madhya Pradesh, Kerala as

well as Punjab and Haryana High Court. However, in the judgments

rendered by the High Courts of Karnataka, Madras, Allahabad and

Bombay a contrary view was taken. This Court, after detailed analysis

of the provisions of the Act, affirmed the view taken by the High Court

of Karnataka and other High Courts and held that the judgment of the

High Court of Andhra Pradesh etc. was incorrect in law. It was

categorically noted that the Tribunal established under Section 83 of

the Act had the limited jurisdiction to deal only with those matters

which had been provided for in Section 5, Section 6(5), Section 7 and

85 of the Act and the jurisdiction of Civil Court to deal with matters

not covered by these Sections was not ousted in respect of other

matters. The court exhaustively dealt with the provisions of Sections

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6 and 7 of the Act in order to determine the scope of jurisdiction of the

Tribunal. It noted that the plain reading of sub-section (5) of section 6

(supra) would show that the civil court’s jurisdiction to entertain any

suit or other proceedings stands specifically excluded in relation to any

question referred to in sub-section(1). The exclusion, it is evident from

the language employed, is not absolute or all pervasive. It is limited to

the adjudication of the questions (a) whether a particular property

specified as wakf property in the list of wakfs is or is not a wakf

property, and (b) whether a wakf specified in such list is a shia wakf

or sunni wakf. It was also expressed that from a conjoint reading

of the provisions of Sections 6 and 7 of the Act, it is clear that the

jurisdiction to determine whether or not a 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 or other proceeding can be instituted or

commenced in a civil court in relation to any such question after the

commencement of the Act. What is noteworthy is that under Section 6

read with Section 7 of the Act, the institution of a suit in the civil court

is barred only in regard to questions that are specifically enumerated

therein. The bar is not complete so as to extend to other questions that

may arise in relation to the wakf property. It further noted that under

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Section 85 of the Act, the civil court’s jurisdiction is excluded only in

cases where the matter in dispute is required under the Act to be

determined by the Tribunal. The words “which is required by or under

this Act to be determined by a Tribunal” holds the key to the question

whether or not all disputes concerning the wakf or wakf property stand

excluded from the jurisdiction of the civil court. The Court thus,

concluded that the jurisdiction of civil courts to try eviction cases was

not excluded. Rather, the aforesaid provisions of the Act did not

include such disputes to fall within the jurisdiction of the Wakf

Tribunal, and therefore the Wakf Tribunal did not have the jurisdiction

to deal with eviction matters. For better appreciation of the issue

decided in the said judgment, we reproduce hereunder the relevant

discussion:

“31.It is clear from sub-section (1) of Section 83 above

that the State Government is empowered to

establish as many Tribunals as it may deem fit for

the determination of any dispute, question or other

matter relating to a wakf or wakf property under

the Act and define the local limits of their

jurisdiction. Sub – section (2) of Section 83

permits any mutawalli or other person interested in

a wakf or any person aggrieved of an order made

under the Act or the Rules framed there under to

approach the Tibunal for determination of any

dispute, question or other mater relating to the

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wakf. What is important is that the Tribunal can be

approached only if the person doing so is a

mutawalli or a person interested in a wakf or

aggrieved by an order made under the Act or the

Rules. The remaining provisions of Section 83

provide for the procedure that the Tribunal shall

follow and the manner in which the decision of a

Tribunal shall be executed. No appeal is, however,

maintainable against any such order although the

High Court may call for the records and decide

about the correctness, legality or propriety of any

determination made by the Tribunal.

32.There is, in our view, nothing in Section 83 to

suggest that it pushes the exclusion of the

jurisdiction of the civil courts extends (sic) beyond

what has been provided for in Section 6(5),

Section 7 and Section 85 of the Act. It simply

empowers the Government to constitute a Tribunal

or Tribunals for determination of any dispute,

question of other matter relating to a wakf or wakf

property which does not ipso facto mean that the

jurisdiction of the civil courts stands completely

excluded by reasons of such establishment.

33.It is noteworthy that the expression “for the

determination of any dispute, question or to her

matter relating to a wakf or wakf property “

appearing in Section 83(1) also appears in Section

85 of the Act. Section 85 does not, however,

exclude the jurisdiction of civil courts in respect of

any or every question or disputes only because the

same relates to a wakf or a wakf property. Section

85 in terms provides that the jurisdiction of the

civil court shall stand excluded in relation to only

such matters as are required by or under this Act to

be determined by the Tribunal.

34. The crucial question that shall have to be answered

in every case where a plea regarding exclusion of

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the jurisdiction of the civil court is raised is

whether the Tribunal is under the Act or the Rules

required to deal with the matter sought to be

brought before a civil court. If it is not, the

jurisdiction of the civil court is not excluded. But if

the Tribunal is required to decide the matter the

jurisdiction of the civil court would stand

excluded.

35.In the cases at hand, the Act does not provide for

any proceedings before the Tribunal for

determination of a dispute concerning the eviction

of a tenant in occupation of a wakf property or the

rights and obligations of the lessor and the lessees

of such property. A suit seeking eviction of the

tenants from what is admittedly wakf property

could, therefore, be filed only before the civil court

and not before the Tribunal.

19. It would also be profitable to refer to that part of the judgment

where the Court gave guidance and the need for a particular approach

which is required to deal with such cases. In this behalf the Court

specified the modalities as under:

“11.Before we take up the core issue whether the jurisdiction

of a civil court to entertain and adjudicate upon disputes

regarding eviction of (sic from) wakf property stands

excluded under the Wakf Act, we may briefly outline the

approach that the courts have to adopt while dealing with

such questions.

12.The well-settled rule in this regard is that the civil courts

have the jurisdiction to try all suits of civil nature except

those entertainment whereof is expressly or impliedly

barred. The jurisdiction of the civil courts to try suits of

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civil nature is very expansive. Any statute which excludes

such jurisdiction is, therefore, an exception to the general

rule that all disputes shall be triable by a civil court. Any

such exception cannot be readily inferred by the courts.

The court would lean in favour of a construction that

would uphold the retention of jurisdiction of the civil

courts and shift the onus of proof to the party that asserts

that the civil court’s jurisdiction is ousted.

13.Even in cases where the statute accords finality to the

orders passed by the Tribunals, the court will have to see

whether the Tribunal has the power to grant the reliefs

which the civil courts would normally grant in suits filed

before them. If the answer is in the negative, exclusion of

the civil court’s jurisdiction would not be ordinarily

inferred. In Rajasthan SRTC v. Bal Mukund Bairwa, a

three-Judge Bench of this Court observed

“There is a presumption that a civil court has

jurisdiction. Ouster of civil court’s jurisdiction is

not to be readily inferred. A person taking a plea

contra must establish the same. Even in a case

where the jurisdiction of a civil court is sought to be

barred under a statute, the civil court can exercise

its jurisdiction in respect of some matters

particularly when the statutory authority or tribunal

acts without jurisdiction.”

20.Another aspect of this Act came up for consideration in the case

of Board of Wakf, West Bengal & Anr. v. Anis Fatma Begum & Anr.

(2010) 14 SCC 588. The subject matter of the dispute in that case

related to the demarcation of the wakf property in two distinctive parts,

one for wakf-al-al-aulad and the remaining portion for pious and

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religious purposes. The demarcation was challenged on the ground that

it was not in consonance with the provisions of the Wakf Deed. The

Court held that it is the Tribunal constituted under Section 83 of the

Act which will have exclusive jurisdiction to deal with these questions

in as much as these questions pertained to determination of disputes

relating to wakf property and the jurisdiction of Civil Court was

ousted.

21.As per the ratio in Ramesh Gobindram (Supra) the exclusive

jurisdiction lies with the Tribunal to decide only those disputes which

are referred to in section 6 and 7. Further, jurisdiction of Civil Courts

is barred only in respect of such matters and the matters which are not

covered by Section 6 and 7 of the Act. Moreover, in view of the

judgment in Sardar Khan’s case, the suits which are already pending

before coming into force the Wakf Act, 1995 will remain in civil court

which will continue to have jurisdiction.

22.On the basis of the aforesaid principles we proceed to discuss

the present case. Interestingly, as per the Respondents themselves there

is no dispute that the property in question is a wakf property. It is

argued by the learned Counsel for the Respondents that even before the

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trial court, the appellant had accepted that the disputed property is

wakf property (Though issues framed suggest otherwise). This is so

recorded in para 3 of the orders passed by the trial court while deciding

the application of the respondent for returning of the plaint.

23.The suit is for cancellation of sale deed, rent and for possession

as well as rendition of accounts and for removal of trustees. However,

pleading in the suit are not filed before us and, therefore, exact nature

of relief claimed as well as averments made in the plaint or written

statements are not known to us. We are making these remarks for the

reason that some of the reliefs claimed in the suit appeared to be falling

within the exclusive jurisdiction of the Tribunal whereas for other

reliefs civil suit would be competent. Going by the ratio of Ramesh

Gobind Ram (supra), suit for possession and rent is to be tried by the

civil court. However, suit pertaining to removal of trustees and

rendition of accounts would fall within the domain of the Tribunal. In

so far as relief of cancellation of sale deed is concerned this is to be

tried by the civil court for the reason that it is not covered by Section 6

or 7 of the Act whereby any jurisdiction is conferred upon the Tribunal

to decided such an issue. Moreover, relief of possession, which can be

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Page 24 C.A. No. 7902/2013 @SLP(C)No. 13215 of 2006

given by the civil court, depends upon the question as to whether the

sale deed is valid or not. Thus, the issue of sale deed and possession

and inextricably mixed with each other. We have made these

observations to clarify the legal position. In so far as present case is

concerned, since the suit was filed much before the Act came into

force, going by the dicta laid down in Sardar Khan case, it is the civil

court where the suit was filed will continue to have the jurisdiction

over the issue and civil court would be competent to decide the same.

24.We, thus, allow the appeal and set aside the impugned judgment

of the High Court thereby dismissing the application filed by the

respondent under Order 7 Rule 10 of the C.P.C. with the direction to

the civil court to decide the suit.

25.No costs.

….……………………..J.

[K.S. RADHAKRISHNAN]

………………………….J.

[A.K. SIKRI]

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Page 25 C.A. No. 7902/2013 @SLP(C)No. 13215 of 2006

New Delhi

9

th

September, 2013

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