When dispute relating to wakf property can not be decided by civil court?

Since in the present case, only question is whether
the property is still Wakf property or has been converted
to village awadi land as it is being used as village awadi
for last more than 50 years. Therefore, this question can
only be adjudicated by the Tribunal in view of Section 7
read with Section 85 of the Wakf Act, 1995. Therefore,
suit on the face of it is not triable by the Civil Court.
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Civil Revision No. 104 of 2013
Uttarakhand Wakf Board and another

Versus
Shivraj Singh Pal

Hon’ble Alok Singh, J.
Citation;AIR 2014(NOC) 537 (Utr),2014SAR(CIVIL)18

Wakf Board has filed present revision assailing the
order dated 22.07.2013, passed by Civil Judge (Senior
Division), Dehradun in O.S. No. 416 of 2009 thereof
holding that suit is not barred by Section 85 of the Wakf
Act and Civil Court has jurisdiction to hear and decide
the suit filed by the plaintiff respondent herein for
declaration that property in question is not kabrastan
(wakf property) and same my be declared as village
awadi land in view of the fact that land is being used as
village awadi for last more than 50 years.
Hon’ble Apex Court, in a recent judgment dated
21st November, 2013, rendered in Haryana Waqf Board
Vs. Mahesh Kumar in Special Leave Petition (Civil) No.
10947 of 2012, while referring Section 7 read with
Section 85 of the Wakf Act, 1995, was pleased to hold
that if any question arises, whether a particular property
specified as Waqf property in a list of wakfs is wakf
property or not, it is the Tribunal which has to decide
such question and the decision of the Tribunal is made
final.
2
Since in the present case, only question is whether
the property is still Wakf property or has been converted
to village awadi land as it is being used as village awadi
for last more than 50 years. Therefore, this question can
only be adjudicated by the Tribunal in view of Section 7
read with Section 85 of the Wakf Act, 1995. Therefore,
suit on the face of it is not triable by the Civil Court.
Consequently,
revision
petition
is
allowed.
Impugned order on issue No. 2 is set aside. Let plaint
be returned to the plaintiff for presentation before the
Wakf Tribunal in accordance with law.
(Alok Singh, J.)
Dated
Shiv
19th
December, 2013

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