Summary
The Court restored the Wakf Tribunal’s eviction decree for the tenanted and encroached portions of a graveyard property. The defendant’s challenge to the notified extent raised a dispute about whether the occupied land formed part of the listed wakf, within the Tribunal’s jurisdiction under the statutory framework applicable to the case. The High Court had also exceeded its revisional role by reappraising evidence as an appellate court. Three months were allowed to vacate, subject to payment of rent including arrears.
Issues
- Whether the dispute over the notified extent of wakf property was within the Tribunal’s jurisdiction.
- Whether the High Court properly exercised its revisional power over the Tribunal’s findings.
Provisions considered
- Section 7; Section 83(9), proviso, as applicable to the proceedings, Wakf Act, 1995The disputed inclusion and extent called for Tribunal determination; High Court revision was confined to correctness, legality and propriety rather than a fresh appeal on facts. (¶¶ 14, 15, 22, 23, 24)
Held
- Jurisdiction depended on the actual dispute. Unlike an eviction case concerning admittedly wakf property, the defendant here challenged whether his occupied land fell within the gazetted extent. That challenge concerned the listed wakf property and fell for determination by the Tribunal. (¶¶ 16, 19, 20, 21, 22, 23)
- Although the defendant had not separately invoked the statutory remedy within its prescribed time, the issue arose through his defence and was framed and decided by the Tribunal on evidence. The suit was maintainable in the particular circumstances, and its decree was within jurisdiction. (¶¶ 22, 23, 24)
- The High Court’s revisional jurisdiction did not permit it to substitute an appellate reappraisal of evidence. The Tribunal had considered the amended notification, earlier litigation and other evidence concerning both schedules; its supported findings could not be lightly displaced. (¶¶ 11, 12, 13, 14, 15, 24)
- The Tribunal’s decree was restored. The defendant received three months to vacate and hand over both scheduled portions, subject to payment of rent including arrears; no costs were ordered. (¶ 25)
Result
Appeal allowed without costs; High Court order set aside and Tribunal decree restored, with three months to vacate both properties subject to payment of rent including arrears.