Landlord eviction suits against tenants on waqf property fall under civil court jurisdiction, not Waqf Tribunal

SC held that eviction suits by landlords against tenants relating to waqf property fall within civil court jurisdiction, not Waqf Tribunal's exclusive jurisdiction. The Court relied on Ramesh Gobindram precedent, clarifying that such suits are not covered by Sections 6 and 7 of the Waqf Act, which define Waqf Tribunal's jurisdiction. While Waqf Tribunals have exclusive jurisdiction over demarcation disputes, landlord-tenant eviction matters remain triable by civil courts. The impugned order was set aside and appeal allowed.

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Issues Involved:
1. Jurisdiction of Waqf Tribunal vs. Civil Court in eviction suits involving waqf property.
2. Interpretation of Sections 6, 7, 83, and 85 of the Waqf Act, 1995.

Summary:

Jurisdiction of Waqf Tribunal vs. Civil Court in Eviction Suits Involving Waqf Property:
The primary issue was whether a suit for eviction by a landlord against a tenant relating to waqf property falls within the exclusive jurisdiction of the Waqf Tribunal or the Civil Court. The Supreme Court examined Sections 6 and 7 of the Waqf Act, 1995, which confer exclusive jurisdiction upon the Waqf Tribunal for certain disputes regarding auqaf and remove the jurisdiction of civil courts in such matters.

Interpretation of Sections 6, 7, 83, and 85 of the Waqf Act, 1995:
Sections 6 and 7 of the Act were analyzed to determine their scope. Section 6 deals with disputes regarding whether a property is waqf property and whether a waqf is Shia or Sunni. Section 7 empowers the Tribunal to determine such disputes. Section 83 allows the State Government to constitute Tribunals for disputes relating to waqf property, and Section 85 bars the jurisdiction of civil courts in matters required to be determined by the Tribunal.

Case Analysis:
- Munnerul Islam Madrasa Committee filed a suit for eviction against the Appellant before the Waqf Tribunal, claiming the property as waqf property.
- The Appellant denied the property was waqf property and challenged the Tribunal's jurisdiction.
- The Waqf Tribunal initially directed the plaint to be returned to the civil court but later suo motu recalled this order.
- The Appellant filed revision petitions before the High Court, which were dismissed, leading to the present appeals.

Supreme Court's Decision:
The Supreme Court referred to its earlier decision in Ramesh Gobindram (2010) 8 SCC 726, which held that eviction suits against tenants of waqf property are triable by civil courts, not covered by Sections 6 and 7 of the Act. The Court also considered the decision in Bhanwar Lal (2013) 11 SCALE 210, which did not contradict the view in Ramesh Gobindram.

The Court concluded that the suit for eviction against the tenant relating to waqf property is exclusively triable by the civil court. The impugned order of the High Court was set aside, and the order of the Waqf Tribunal dated 18.09.2010 was restored, directing the Civil Court to proceed with the suit.

Conclusion:
The Civil Appeals were allowed, and the jurisdiction of the Civil Court in eviction suits involving waqf property was affirmed, with no order as to costs.

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