Case Note & Summary
The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Order VII Rule 11 of CPC for rejection of plaint. The Court held that the Waqf Tribunal constituted under the Waqf Act, 1995 lacks jurisdiction to entertain disputes regarding properties not included in the notified list under Section 5 or registered under Chapter V of the Act. The respondent's claim of 'waqf by user' for a Mosque allegedly established in 2008 could not be adjudicated by the Tribunal without prior establishment of waqf status through proper channels. The Court emphasized that for properties not notified or registered as waqf, the Civil Court retains jurisdiction, and a prayer for injunction simpliciter before the Tribunal is impermissible without first establishing the property's waqf status through declaration.
Headnote
A. Waqf Act, 1995 — Sections 6, 7 & 83 — Waqf Tribunal — Jurisdiction — Property not entered in List of Auqaf B. Civil Procedure Code, 1908 — Order VII Rule 11 — Rejection of plaint — Lack of jurisdiction
The jurisdiction of a Waqf Tribunal can be invoked only when the subject property is shown to be a waqf either by its inclusion in the statutory List of Auqaf or by proper registration under the Waqf Act, 1995. In absence of such entry, the Tribunal has no jurisdiction to adjudicate disputes relating to the said property. Mere assertion that the property is a mosque or waqf property is insufficient to confer jurisdiction.
(Paras 14, 15, 17)
Where from the averments in the plaint itself it is evident that the Waqf Tribunal lacks inherent jurisdiction, the plaint is liable to be rejected under Order VII Rule 11 CPC. The Tribunal and the High Court erred in assuming jurisdiction without first ascertaining whether the property satisfied the statutory requirements of a waqf under the Act.
(Paras 18, 19, 21)
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Issue of Consideration: The Issue of jurisdiction of the Tribunal constituted under the Waqf Act, 1995 to entertain a suit for injunction regarding a property claimed to be a waqf by user but not included in the notified list or registered with the Waqf Board
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Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and allowed the application under Order VII Rule 11 of CPC for rejection of plaint. The Court held that the Waqf Tribunal lacks jurisdiction to entertain the suit as the property was not included in the notified list under Section 5 or registered under Chapter V of the Waqf Act, 1995.
