AKKODE JUMAYATH PALLI PARIPALANA COMMITT Vs P.V. IBRAHIM HAJI .
Bench: K.S. RADHAKRISHNAN,A.K SIKRI
Case number: C.A. No.-006124-006125 / 2013
Diary number: 7891 / 2011
Advocates: K. RAJEEV Vs
P. V. DINESH
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 6124-6125 OF 2013 [Arising out of SLP (Civil) NO.9787-9788 of 2011)
Akkode Jumayath Palli Paripalana Committee .. Appellant
Versus
P.V. Ibrahim Haji and others .. Respondents
O R D E R
K. S. Radhakrishnan, J
Leave granted.
The question that arises for consideration in this appeal is
whether the Wakf Tribunal has got jurisdiction to entertain a suit
for injunction restraining the defendants from interfering with the
administration, management and peaceful enjoyment of the
Mosque and madrassa run by it and all the assets attached to the
Mosque.
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Appellant, a society registered under the Societies
Registration Act stated to be formed for the management and
administration of wakf property including a Mosque situated
therein, filed a suit for an injunction before the Court of Munsiff,
Manjeri, which was transferred to the Court of Wakf Tribunal,
Kozhikode and numbered as O.S. No.53 of 2003. The suit was
contested by the respondents on merits and ultimately it was
decreed by the Wakf Tribunal on 28.09.2004 and the plaintiff was
given a decree for a perpetual injunction restraining the
defendants/respondents and their men from interfering in any
manner in the administration, management and peaceful
possession and enjoyment of the Mosque, namely, Akkode
Juyamath Palli, the madrassa run by it and all the assets attached
to the Mosque.
The respondents herein filed Civil Revision Petition as CRP
No.1362 of 2004 under Section 83(9) of the Wakf Act before the
Kerala High Court. The High Court vide its judgment dated
10.11.2010 set aside the judgment and decree passed by the
Wakf Tribunal holding that a suit for injunction is not maintainable
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before a Wakf Tribunal placing reliance on the Judgment of this
Court in Ramesh Gobindram (Dead) Through Lrs. v. Sugra
Humayun Mirza Wakf 2010 (8) SCC 726. The Court also
granted permission to the appellant to take back the plaint for
presenting before the appropriate court. Later the appellant
preferred a Review Petition which was also dismissed by the High
court on 04.02.2011. The legality of the orders is under challenge
in this appeal.
We are of the view that the High Court has committed an
error in holding that the reliefs sought for by the appellants in the
suit could not be claimed before the Wakf Tribunal in view of the
Judgment of this Court in Ramesh Gobindram (Dead) Through
Lrs. (supra). In Ramesh Gobindram (Dead) Through Lrs.
(supra) the question that arose for consideration before this Court
was whether the Wakf Tribunal constituted under Section 83 of
the Wakf Act was competent to entertain and adjudicate upon
disputes regarding eviction of the appellants who were occupying
different items which were admittedly wakf properties. The Wakf
Tribunal answered the question of jurisdiction in affirmative and
decreed the suit which was affirmed by the High Court. This
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Court, after examining the various provisions of the Wakf Act and
Section 9 of the Code of Civil Procedure held in paras 34 and 35 of
the Judgment as follows:
“34. The crucial question that shall have to be answered in every case where a plea regarding exclusion of the jurisdiction of the civil court is raised is whether the Tribunal is under the Act or the Rules required to deal with the matter sought to be brought before a civil court. If it is not, the jurisdiction of the civil court is not excluded. But if the Tribunal is required to decide the matter the jurisdiction of the civil court would stand excluded. 35. In the cases at hand, the Act does not provide for any proceedings before the Tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and the lessees of such property. A suit seeking eviction of the tenants from what is admittedly wakf property could, therefore, be filed only before the civil court and not before the Tribunal.”
This Court allowed the appeals and the orders passed by the
Wakf Tribunal were set aside and the suit filed by the respondents
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for eviction of the appellants before the Tribunal was held not
maintainable. The ratio laid down in the above-mentioned
Judgment later came up for consideration before this Court in
Board of Wakf, West Bengal and another v. Anis Fatma
Begum and another 2010 (14) SCC 588 and the Judgment in
Ramesh Gobindram (Dead) Through Lrs. (supra) was held
distinguishable. That was a case where the dispute related to the
Wakf Estate which was created by registered deed of Wakf dated
22.09.1936. The question raised was with regard to the
demarcation of the Wakf property, which this Court held is a
matter which fell under the purview of the Wakf Act. The
judgment of the Calcutta High Court which held otherwise was set
aside and this Court held that the Wakf Tribunal has jurisdiction to
decide those disputes.
We are of the view that the dispute that arises for
consideration in this case is with regard to the management and
peaceful enjoyment of the Mosque and madrassa and the assets
which relate to Wakf. Nature of the relief clearly shows that the
Wakf Tribunal has got jurisdiction to decide those disputes. We,
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therefore, find no error in the Wakf Tribunal entertaining O.S.
No.53 of 2003 filed by the appellant and the High Court has
committed an error in holding otherwise. Consequently the
impugned order passed by the High Court is set aside and the
matter is remitted to the High Court to consider the revision on
merits. The appeals are disposed of as above, with no order as to
costs.
……………………………..J. (K.S. Radhakrishnan)
……………………………..J. (A.K. Sikri)
New Delhi, July 23, 2013