Summary
Under the unamended Wakf Act governing the dispute, the Tribunal had jurisdiction over a suit asking whether the land was wakf property and challenging its sale without Board sanction. The High Court wrongly relegated the plaintiff to a civil suit. The revision was remanded for consideration of the Tribunal’s merits findings.
Issues
- Whether the Tribunal could decide the disputed wakf character and validity of alienation.
Provisions considered
- Sections 51, 52, 83 and 85, Wakf Act, 1995, before the 2013 amendmentWakf character and alienation questions within the statutory scheme were for the Tribunal; corresponding civil jurisdiction was barred. (¶ 22–27)
Held
- The plaint’s central dispute was whether the land formed part of wakf property. That question was within the Tribunal’s jurisdiction. Once property is declared wakf, the statutory requirement of prior Board sanction applies to its alienation. (¶ 25–27)
- The High Court had not considered merits. Jurisdiction was restored without expressing an opinion on the correctness of the Tribunal’s factual findings. (¶ 28–31)
Result
Appeal allowed; High Court order set aside and revision remanded for expeditious decision on merits.