Civil court jurisdiction over eviction suits on waqf property remains intact unless the Waqf Act expressly assigns the dispute to the Tribunal.

Civil court jurisdiction under the Waqf Act, 1995 is excluded only for disputes the Act expressly assigns to the Waqf Tribunal. An eviction suit by a landlord against a tenant of waqf property does not fall within the enumerated matters under Sections 6, 7 and 83, and Section 85 does not bar civil jurisdiction for such a claim. A plea that the property is waqf property, by itself, does not expand the Tribunal's authority. The suit for eviction is therefore triable by the civil court, not the Waqf Tribunal.

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Issues: Whether a suit for eviction by a landlord against a tenant in respect of waqf property is triable by the civil court or falls within the exclusive jurisdiction of the Waqf Tribunal.

Analysis: Sections 6 and 7 of the Waqf Act, 1995 confer exclusive tribunal jurisdiction only over the disputes specifically enumerated in those provisions, while Section 83 empowers constitution of tribunals for matters required by the Act to be determined by them and Section 85 bars civil court jurisdiction only in respect of such matters. The earlier decision holding that an eviction suit by a landlord against a tenant of waqf property is not one of the disputes entrusted to the Tribunal was reaffirmed, and the later decision relied on did not displace that construction. A plea that the property is waqf property does not by itself enlarge tribunal jurisdiction to include an eviction suit.

Conclusion: The suit for eviction is triable by the civil court and not by the Waqf Tribunal; the Tribunal lacked jurisdiction.

Ratio Decidendi: Civil court jurisdiction is excluded under the Waqf Act, 1995 only for those disputes which the Act expressly requires the Tribunal to decide, and an eviction suit by a landlord against a tenant of waqf property is not among them.

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