HARYANA WAKF BOARD versus MAHESH KUMAR

HARYANA WAKF BOARD versus MAHESH KUMAR

Where a dispute regarding the nature of property—whether it is Wakf property or not—arises after the commencement of Haryana Wakf Act, 1995, the Tribunal constituted under the Act has exclusive jurisdiction to decide the issue; Civil Courts' jurisdiction is barred by Section 85, and the present suit filed after the Act's commencement is not saved by exception under Section 7(5).

Parties
Petitioner: Haryana Wakf Board; Respondent: Mahesh Kumar
Jurisdiction
India
Judgment Date
21 November 2013
Procedural Posture
Special Leave Petition (civil) / Decision on SLP
Outcome
SLP dismissed
Legal Topics
Jurisdiction of Civil Courts, Wakf Tribunal Jurisdiction, Interpretation of Haryana Wakf Act
Property Law Religious and Charitable Endowments Jurisdiction of Civil Courts Wakf Tribunal Jurisdiction Interpretation of Haryana Wakf Act

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Parties

Haryana Wakf Board

Petitioner

Mahesh Kumar

Respondent

Procedural Posture

Special Leave Petition (civil) / Decision on SLP

Legal Issues

  1. 1 Whether Civil Court had jurisdiction to entertain the suit filed by Petitioner Wakf Board regarding possession of alleged Wakf property

Ratio Decidendi

Where a dispute regarding the nature of property—whether it is Wakf property or not—arises after the commencement of Haryana Wakf Act, 1995, the Tribunal constituted under the Act has exclusive jurisdiction to decide the issue; Civil Courts' jurisdiction is barred by Section 85, and the present suit filed after the Act's commencement is not saved by exception under Section 7(5).

Court Disposition

SLP dismissed

Orders

  • Special Leave Petition is rejected.