extent of jurisdiction of wakf tribunal

1. -Priyanka Chakraborty
15IP61012

2.  Has complete jurisdiction on wakf related matters ie.
those mentioned in Section 6 and 7 of the act.
 Section 6: Disputes regarding auqaf:
Clause 1: Disputes related to wakf should be
referred to wakf tribunal only.
Clause 5: After the commencement of this
Act, no suit regarding it shall lie in any other
court of the state.

3.  Section 7: Power of Tribunal to determine disputes
regarding auqaf:
 Clause 1: Lays down that if any dispute before
the commencement of this act was settled by
civil court, it should not be reopened.
 Clause 5: If the subject matter is commenced
in civil court, tribunal will not have jurisdiction.

4.  ChapterVIII of the Act deals with Judicial proceedings.
 Section 83: Constitution ofTribunals, etc.
 Clause 1: Tribunal to be constituted by the
Government.
 Clause 7: Decision of the Tribunal is final and
binding, and has same force as decree made by Civil
Court, and hence it has also powers under Order 39
Rules 1, 2 and 2A of the Code of Civil Procedure to
grant temporary injunctions and enforce such
injunctions.

5.  Section 84: Tribunal to hold proceedings
expeditiously and to furnish to the parties copies of
its decision: “Any Dispute”-wide connotation-
question or other matters whatsoever and in
whatever manner which arises relating to a wakf or
wakf property can be decided by theWakfTribunal.
 Section 85: Bar of jurisdiction of civil courts.
 Section 88: Bar to challenge the validity of any
notification, etc.

6.  Ramesh Gobindram v. Sugra Humayun Mirza, (2010) 8 SCALE
698
 Scope of Section 85 discussed.
 Suit was filed for eviction of a tenant.
 Held thatWakfTribunal was not competent to try
the suit.
 Held that eviction proceedings can only be decided
by Civil Courts.
The Apex court held, nothing in Section 83 pushes the exclusion
of the jurisdiction of the Civil Courts beyond what has been
provided for in Section 6(5), Section 7 and Section 85 of the Act
and it simply empowers the Government to constitute a
Tribunal for determination of any dispute, relating to wakf
property.

7.  Yashpal Lala Shiv Narain v. Allatala Tala Malik Wakf
Ajakhan, AIR 2006 All 115: Analysis of various sections
shows that Suit for eviction of tenant is not covered in the
Act to be determined byTribunal.
So Civil court’s jurisdiction is not ousted.
 Sardar Khan v. Syed Nazmul Hasan (Seth), AIR 2007 SC
1447: The jurisdiction of Waqf Tribunal does not extend to
the suits pending on the date on which Waqf Act was
enforced

8.  Board of Wakf , West Bengal v. Anis Fatma Begum, 2010
(14) SCC 588: Waqf Tribunal has got exclusive jurisdiction
to deal with the questions relating to demarcation of waqf
property.

9.  Section 83: Now includes matter related to eviction
of tenant, rights of lessor, lessee.
 Also mentioned that those states which has still not
constituted the Wakf Tribunal should do so within one
year.
 The Act also changed the composition of Waqf
Boards.
 But unfortunately, the Act was repealed.

10.  Matters pertaining to wakf should be filed in wakf
tribunal and should not be entertained by civil court or
HC under A.226 of Constitution.
 If there is a special law, recourse cannot be taken to
general law.
 Under proviso to Section 83(9), a party aggrieved by
the decision of the tribunal can approach HC-idea is
that dispute related to wakf should be first brought to
the tribunal.