2014 (3) TMI 1224

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....matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of auqaf. Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in Sub-section (6) of Section 4. (2) Notwithstanding anything contained in Sub-section (1), no proceeding under this Act in respect of any waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. (3) The Survey Commissioner shall not be made a party to any suit under Sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of auqaf shall, unless it is modified in pursuance of a decision or the Tribunal under Sub-section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding sh....

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....t of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. (6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence. 3. Thus, Sections 6 and 7 of the Act not only confer exclusive jurisdiction upon the Waqf Tribunal for determination of certain disputes regarding auqaf but also take jurisdiction of the civil court away in respect of such disputes. 4. Munnerul Islam Madrasa Committee - Respondent No. 1 - filed a suit for eviction against the Appellant before the Waqf Tribunal, inter alia, setting up the plea that Respondent No. 1 is th....

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....o such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. (3) Where any application made under Sub-section (1) relates to any waqf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the waqf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter. Provided that the State Government may, if it is of opinion that it is expedient in the interest of the waqf or any other person interested in the waqf or the waqf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such waqf or waqf property, transfer such application to any other Trib....

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....n and may confirm, reverse or modify such determination or pass such other order as it may think fit. Section 85. Bar of jurisdiction of civil courts.- No suit or other legal proceeding shall lie in any civil court, revenue court and any other authority in respect of any dispute, question or other matter relating to any waqf, waqf property or other matter which is required by or under this Act to be determined by a Tribunal. 11. In Ramesh Gobindram (Dead) through L.Rs. v. Sugra Humayun Mirza Wakf (2010) 8 SCC 726, this Court considered Sections 6(1), 6(5), 7(1), 7(5), 83, 85 and few other provisions of the Act and explained the jurisdiction of the Waqf Tribunal vis-à-vis Civil Court. As regards the suit for eviction against the tenant(s) of waqf property, the Court held that such suit is triable by the Civil Court as it is not covered by Sections 6 and 7 of the Act. 12. The Court in para 35, page 738 held as follows: 35. In the cases at hand the Act does not provide for any proceedings before the Tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and ....