Legal Provisions Involved: Sections 6, 7, 54, 83, 85 of the Wakf Act, 1995 and Order VII Rule 11 of CPC.

Judgment by: Supreme Court of India

Judge/Bench: Justice Sanjay Kumar & Justice K. Vinod Chandran

Facts

The case was about a property that one side claimed was wakf property and also said there was encroachment. The matter was taken to the Wakf Tribunal. The opposite party objected, saying the property was never officially listed or registered as wakf property, so the Tribunal had no power to hear the case. They asked for the case to be rejected at the start. The High Court still allowed the Tribunal to proceed, saying it could be a “waqf by user.”

Key Legal Provisions

Sections 6, 7, 54, 83, 85 of the Wakf Act, 1995

Order VII Rule 11 of CPC.

Issues Raised

Does the Wakf Tribunal have power over all wakf-related disputes? Is the civil court’s role completely removed?

Arguments

Appellants said only listed wakf properties and cases started by the Wakf Board CEO under Section 54 can go to the Tribunal.

Judgment

The Supreme Court said civil court powers are not completely barred. The Tribunal cannot take up every dispute. For encroachment, action must first be started by the Wakf Board CEO under Section 54. Since this was not followed and the property was not in the wakf list, the Tribunal had no jurisdiction. The earlier orders were cancelled. 

Click here to VIEW the full judgement.