UTTARAKHAND WAKF BOARD Vs. SHIVRAJ SINGH PAL
HIGH COURT OF UTTARAKHAND
Uttarakhand Wakf Board
Shivraj Singh Pal
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Alok Singh, J. -
(1.) WAKF Board has filed present revision assailing the order dated 22.07.2013, passed by Civil Judge (Senior Division), Dehradun in O.S. No. 416 of 2009 thereof holding that suit is not barred by Section 85 of the Wakf Act and Civil Court has jurisdiction to hear and decide the suit filed by the plaintiff respondent herein for declaration that property in question is not kabrastan (wakf property) and same my be declared as village awadi land in view of the fact that land is being used as village awadi for last more than 50 years.
(2.) HON 'ble Apex Court, in a recent judgment dated 21st November, 2013, rendered in Haryana Waqf Board Vs. Mahesh Kumar in Special Leave Petition (Civil) No. 10947 of 2012, while referring Section 7 read with Section 85 of the Wakf Act, 1995, was pleased to hold that if any question arises, whether a particular property specified as Waqf property in a list of wakf's is wakf property or not, it is the Tribunal which has to decide such question and the decision of the Tribunal is made final. Since in the present case, only question is whether the property is still Wakf property or has been converted to village awadi land as it is being used as village awadi for last more than 50 years. Therefore, this question can only be adjudicated by the Tribunal in view of Section 7 read with Section 85 of the Wakf Act, 1995. Therefore, suit on the face of it is not triable by the Civil Court.
(3.) CONSEQUENTLY , revision petition is allowed. Impugned order on issue No. 2 is set aside. Let plaint be returned to the plaintiff for presentation before the Wakf Tribunal in accordance with law.;
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