Featured image for Supreme Court Judgment dated 04-05-2017 in case of petitioner name Rajasthan Wakf Board vs Devki Nandan Pathak & Ors.
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Jurisdiction of Wakf Tribunal in Property Disputes: Rajasthan Wakf Board vs. Devki Nandan Pathak

The case of Rajasthan Wakf Board vs. Devki Nandan Pathak & Ors. revolves around the key question of whether the Wakf Tribunal has jurisdiction to decide disputes regarding whether a particular property is a Wakf property. This case further clarifies the application of Sections 51, 52, 54, 83, and 85 of the Wakf Act, 1995.

Background of the Case

The dispute concerns a property called “Kauria Wali Masjid”, located in Hindaun, Rajasthan. The property is registered as Wakf property under Serial No. 23, Page No.116 in the list of Wakfs. The respondent No. 6 in this case is the Mutawali (caretaker) of the Masjid.

On June 5, 1998, respondent No. 5 claimed ownership of a plot adjacent to the Masjid and sold the land (37 feet x 34 feet) to respondents 1-4. The Wakf Board objected, arguing that the land was part of the Wakf property and could not be sold under Section 51 of the Wakf Act.

As a result, the Mutawali of the Masjid (Respondent No. 6) filed a suit before the Rajasthan Wakf Tribunal to declare the sale as void.

Legal Issues Involved

1. Jurisdiction of the Wakf Tribunal

The primary issue was whether the Wakf Tribunal had the power to determine if a property is a Wakf property, or whether the Civil Court had jurisdiction.

2. Validity of Sale of Wakf Property

The second issue was whether the sale of land adjacent to the Masjid was legally permissible under Section 51 of the Wakf Act, 1995, which restricts the sale of Wakf property.

Arguments Presented

Petitioner’s (Rajasthan Wakf Board) Arguments

  • The land sold by Respondent No. 5 was part of the Wakf property, and the sale was illegal.
  • Under Section 83 of the Wakf Act, the Wakf Tribunal had exclusive jurisdiction to decide disputes relating to Wakf property.
  • Section 85 bars the jurisdiction of Civil Courts in Wakf property matters, meaning the dispute could not be heard by a Civil Court.
  • The sale violated Section 51, which states that any sale of Wakf property is void unless prior approval is obtained from the Wakf Board.

Respondents’ (Buyers & Seller of the Land) Arguments

  • The land was not part of the Wakf property and was privately owned by Respondent No. 5.
  • The Wakf Tribunal had no jurisdiction to hear the case. The correct forum was the Civil Court.
  • The Wakf Board had no authority over the land in question.

Judgment by the Wakf Tribunal

The Rajasthan Wakf Tribunal ruled in favor of the Wakf Board and held:

  • The land in question was part of the Wakf property.
  • The Wakf Tribunal had jurisdiction to decide such disputes.
  • The sale was void as per Section 51 of the Wakf Act.

As a result, the Tribunal decreed the suit in favor of the Wakf Board.

High Court’s Decision

The buyers and seller (Respondents 1-5) challenged the Tribunal’s ruling in the Rajasthan High Court.

The High Court ruled that the Wakf Tribunal had no jurisdiction to hear the case. It held that the matter should have been filed in a Civil Court, and the Tribunal’s decision was set aside.

Supreme Court’s Ruling

The Supreme Court overruled the High Court and restored the Tribunal’s judgment. It held:

  • The Wakf Tribunal has exclusive jurisdiction under Section 83 of the Wakf Act to decide disputes relating to Wakf property.
  • Civil Courts have no jurisdiction in such cases due to the bar under Section 85.
  • The question of whether the land is Wakf property falls within the Wakf Tribunal’s authority.
  • The Tribunal correctly ruled that the sale was void under Section 51 of the Wakf Act.

The Court directed the High Court to rehear the revision petition on the merits of the case, without questioning the Tribunal’s jurisdiction.

Key Observations by the Supreme Court

The Supreme Court relied on earlier judgments, including:

  • Ramesh Gobindram vs. Sugra Hamayun Mirza Wakf (2010) 8 SCC 726
  • Bhanwar Lal vs. Rajasthan Board of Muslim Wakf (2014) 16 SCC 51

The Court emphasized:

“The question of whether a property is Wakf property must be determined by the Wakf Tribunal, and Civil Courts have no jurisdiction in such matters.”

Impact of the Judgment

This judgment clarifies the jurisdiction of Wakf Tribunals and reinforces the legal framework for protecting Wakf properties. The ruling has important implications:

  • Wakf Tribunals have exclusive jurisdiction over disputes concerning Wakf properties.
  • Civil Courts cannot interfere in cases where the question of Wakf property is involved.
  • Sales of Wakf property without following due legal procedures will be declared void.
  • Any challenge to Wakf property must be made before the Wakf Tribunal.

Conclusion

The Supreme Court’s decision in Rajasthan Wakf Board vs. Devki Nandan Pathak is a landmark ruling that strengthens the authority of Wakf Tribunals and protects Wakf properties from illegal transfers. It reinforces that any dispute over the nature of Wakf property must be settled by the Wakf Tribunal and not by Civil Courts, ensuring that Wakf properties are preserved according to the law.

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Download Judgment: Rajasthan Wakf Board vs Devki Nandan Pathak Supreme Court of India Judgment Dated 04-05-2017.pdf

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