Thus, the view of the High Court that right, title and interest of a non-Muslim to the Wakf in a property cannot be put in jeopardy is contrary to the statutory scheme as contained in Section 6 of the Act, 1995. Thus, the reason of the High Court to allow the revision petition is wholly unfounded. The defendant in written statement has pleaded that the suit property is not Wakf property. When issue in the suit is as to whether suit property is Wakf property or not it is covered by specific provision of Sections 6 and 7 of the Wakf Act, 1995, hence, it is required to be decided by the Tribunal under Section 83 and bar under Section 85 shall come into existence with regard to jurisdiction of Civil Court. In this context, in the judgment in Haryana Wakf Board v. Mahesh Kumar, (2014) 16 SCC 45, this Court has laid down that the question as to whether the suit property is a Wakf property is a question which has to be decided by the Tribunal.
In the Supreme Court of India
(Before Ashok Bhushan and K.M. Joseph, JJ.)
Civil Appeal No. 92 of 2019
Punjab Wakf Board v. Sham Singh Harike
Civil Appeal No. 92 of 2019 and Civil Appeal No. 93 of 2019
Decided on February 7, 2019
Citation: 2019 SCC OnLine SC 142
