Civil court jurisdiction over wakf eviction disputes remains intact unless the Act expressly assigns the matter to the Tribunal.

Under the Wakf Act, 1995, the Wakf Tribunal's exclusive jurisdiction is limited to disputes expressly assigned by the Act. Sections 6 and 7 bar civil court jurisdiction only for specified questions such as whether property is wakf property or whether a wakf is Shia or Sunni, while Section 85 excludes civil courts only where the Act requires determination by the Tribunal. Section 83 is only constitutive and procedural and does not create a general ouster. As eviction disputes between wakf landlords and tenants are not assigned to the Tribunal, they remain triable by the Civil Court.

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Issues: Whether the Wakf Tribunal had jurisdiction to entertain and decide a suit for eviction of tenants from wakf property, and whether the jurisdiction of the Civil Court was barred under the Wakf Act, 1995.

Analysis: The scheme of the Wakf Act, 1995 shows that the Tribunal's exclusive jurisdiction is confined to matters expressly assigned to it. Section 6 and Section 7 bar civil court jurisdiction only for specified disputes concerning whether property is wakf property or whether a wakf is Shia or Sunni. Section 85 excludes civil court jurisdiction only in respect of disputes, questions or matters which are required by or under the Act to be determined by the Tribunal. Section 83 is a constitutive and procedural provision and does not itself create a general ouster of civil court jurisdiction. As the Act contains no provision authorising the Tribunal to decide eviction disputes between wakf landlords and tenants, such disputes remain triable by the Civil Court.

Conclusion: The Wakf Tribunal had no jurisdiction to entertain the eviction suit, and the Civil Court alone was competent to decide it.

Final Conclusion: The appeals were allowed, the Tribunal and High Court orders were set aside, and the eviction suit was dismissed, while leaving the respondent free to pursue appropriate civil remedies before the competent Civil Court.

Ratio Decidendi: The jurisdiction of Civil Courts is excluded under the Wakf Act only for matters expressly or necessarily required to be determined by the Wakf Tribunal; a general reference to disputes relating to wakf property does not oust civil court jurisdiction for eviction suits not assigned to the Tribunal by the Act.

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