WAQF BOARD will decide whether the property is of WAQF or not.

By- Swapnil Shankhwar

 

Recent Judgment of Supreme Court stops the all buzzing around the India regarding various disputes on the question involved in the suit, whether the suit land is a WAKF property or not? Supreme Court clearly mentioned in the judgment of RAJASTHAN WAKF BOARD vs DEVKI NANDANI PATHAK that disputed land of wakf can be decided only by the waqf Tribunal, and not by the civil court.

A bench of Justice AM Sapre and Justice RK Agarwal held that matters failing under Section 51 and 52 of the Wakf Act are also decided by the tribunal and not by the civil court. The court has now remanded the matter to the high court for deciding the revision afresh on merits. After the moment case, the wakf Tribunal, additionally got a supplication by wakf Board, had conceded order in regard of the property being referred to and announced the deal deed executed for other gathering ‘invalid and void’.High Court remains silent in this holding order that the tribunal has no jurisdiction in the matter and the ground that since no order was made by any expert under the said Act, the candidate before the WAKF TRIBUNAL couldn’t be said to be individual wronged additionally a mulled over in Section 83(2) of the said Act and henceforth the tribunal would have no purview to distinguish the issue engaged with the suit.

High court in a relying judgment of APEX Court observed that in so far as the relief of cancellation of sale deed is concerned, it is to be tried by the civil court for the reason that it is not covered by Section 6 or 7 of the wakf act.

 

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