FASEELA M. versus MUNNERUL ISLAM MADRASA COMMITTEE & ANR.

FASEELA M. versus MUNNERUL ISLAM MADRASA COMMITTEE & ANR.

The suit for eviction against a tenant relating to waqf property is exclusively triable by the civil court, as such a suit is not covered by the disputes specified in sections 6 and 7 of the Wakf Act, 1995. The impugned order of the High Court and the Waqf Tribunal's order recalling its earlier direction are set aside. The civil court is to proceed with the suit accordingly.

Parties
Appellant: Faseela M.; Respondent No. 1: Munnerul Islam Madrasa Committee; Respondent No. 2: Another respondent (name not specified)
Jurisdiction
India
Judgment Date
31 March 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed
Legal Topics
Wakf Property, Jurisdiction of Courts, Eviction of Tenants, Exclusive Jurisdiction of Waqf Tribunal or Civil Court
Property Law Religious and Charitable Trusts Wakf Property Jurisdiction of Courts Eviction of Tenants Exclusive Jurisdiction of Waqf Tribunal or Civil Court

Case Brief

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Parties

Faseela M.

Appellant

Munnerul Islam Madrasa Committee

Respondent No. 1

Another respondent (name not specified)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a suit for eviction by a landlord against a tenant relating to waqf property is triable by the civil court or the Waqf Tribunal

Ratio Decidendi

The suit for eviction against a tenant relating to waqf property is exclusively triable by the civil court, as such a suit is not covered by the disputes specified in sections 6 and 7 of the Wakf Act, 1995. The impugned order of the High Court and the Waqf Tribunal's order recalling its earlier direction are set aside. The civil court is to proceed with the suit accordingly.

Court Disposition

Appeals allowed

Orders

  • The impugned order of the High Court is set aside.
  • The order of the Waqf Tribunal dated 19.09.2010 is also set aside.