Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Wakf Jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Wakf Act, 1995:s. 85 read with ss. 5, 6 and 7 - Bar of jurisdiction of civilcourt - Jurisdiction of Tribunal - Explained - Held: In theinstant case, the suit is for cancellation of sale deed, rent andfor possession as well as rendition of accounts and forremoval of trustees - Suit for possession and rent as alsofor cancellation of sale deed is to be tried by civil court -However, suit pertaining to removal of trustees and renditionof accounts would fall within the domain of the Tribunal -Since the suit was filed much before the Act came into force,the civil court, where the suit was filed, will continue to havethe jurisdiction over the issue and would be competent todecide the same - Jurisdiction. The property in dispute being in the possession. ofthe petitioners, respondent no. 1, the Rajasthan Board ofMuslim Wakf and Respondent No. 2 the Muslim BoardCommittee, claiming it to be a wakf property, filed a civilsuit for possession of the said property and for renditionof accounts as also for a declaration to the effect that thesale deed dated 28.2.1983 in favour of the petitioners wasinvalid. The petitioners contested the suit, and all theparties led their evidence. When the matter was ready forfinal hearing, on 2.12.2000, respondents Nos. 1 and 2 filedan application u/s 85 of the Rajasthan Wakf Act, 1995contending that the jurisdiction of the civil court havingbeen barred, the suit could not be tried by it and prayed that the plaint be returned to be presented before theTribunal constituted under the Act. The application wasallowed. The revision petition filed by the petitioners wasdismissed by the High Court relying upon the judgmentin Syed /namul Haq Shah's 1 case. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 599 |
Petitioner | Bhanwar Lal & Anr. |
Respondent | Rajasthan Board Of Muslim Wakf & Ors. |
SCR | [2013] 9 S.C.R. 721 |
Judgement Date | 2013-09-09 |
Case Number | 7902 |
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