Disposed

Balighur Rahman v. Waqf Tribunal, U.P. Lucknow, Thru. Chairman and 6 Others

Allahabad HC27 Nov 2024CLRE/53/2024

Case brief

AI extract

What is this about?

The High Court heard a private revision challenging the Waqf Tribunal's dismissal of a suit for perpetual injunction. The court noted the tribunal lacked jurisdiction and adjourned. It granted an interim stay to prevent eviction of the revisionist from the specific property until the next listing.

What did the court decide?

Revisionist directed to serve notice within one week; suit listed for 04.11.2024; interim stay granted against eviction from the specific tenement until the next listing.

Balighur Rahman vs Waqf Tribunal, U.P. Lucknow, Thru… — Property and Title | Allahabad HC (2024)

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Court No. - 19

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Case :- CIVIL REVISION No. - 53 of 2024

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Revisionist :- Balighur Rahman Opposite Party :- Waqf Tribunal, U.P. Lucknow, Thru. Chairman And 6 Others Counsel for Revisionist :- Azam Shafeequi,Jitendra Singh,Swati Bisaria,Viplav Sahu

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Azam Shafeeqe, the learned counsel for the revisionist and perused the records.

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By means of the instant revision filed under the proviso to sub-Section (9) of Section 83 of Waqf Act, 1995 the revisionist has challenged the validity of an order dated 10.06.2024, passed by the U.P. Waqf Tribunal, Lucknow praying that the learned tribunal has no jurisdiction to entertain Misc. Case No.26 of 2024, which was filed by the revisionist for the relief for perpetual injunction.

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The revisionist had filed the aforesaid suit for relief of perpetual injunction, wherein he stated that he was tenant of a waqf property since the year 1981. The SCC Suit No.156 of 1995 was filed for the revisionist's ejectment from the property in question which was decreed on 08.08.2008 without any knowledge of the same having been acquired by the revisionist. No proceedings for execution of the decree passed in the SCC Suit has been instituted to the best of the revisionist's knowledge and it has been submitted by the learned counsel for the revisionist that the period of limitation prescribed for filing an execution application stands expired. Without

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any application for execution of SCC decree having been filed the opposite parties are making efforts to dispossess the revisionist from the property in question without adopting due process of law. The revisionist's suit has been dismissed at the admission stage holding that as there is a decree passed by the SCC Court against the revisionist which decree was passed prior to 01.01.2013 when jurisdiction to entertain such suit was conferred upon the Waqf Tribunal a cause of action has accrued to the petitioner when the ex-parte decree dated 08.08.2008 was sought to be executed.

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The submission of the learned counsel for the petitioner is that no proceedings for execution of the ex-parte decree have been initiated and he has filed suit for injunction merely praying that he should not be dispossessed without following due process of law.

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The matter requires consideration.

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The learned counsel for the revisionist shall take requisite steps for service of notice within one week from today.

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List this case in the week commencing 04.11.2024.

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Although the revisionist has prayed for an interim relief for direction to the Waqf Tribunal to decide the application under Order XXXIX Rules 1 and 2 C.P.C., as the suit stands dismissed by the Waqf Tribunal without it being registered no such direction can be issued, at this stage. Therefore, in the interest of justice it is provided that till the next date of listing the revisionist shall not be evicted from the property in question namely the tenement "on the second floor of the Building No.93/167,

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comprising of a Room, Aangan, a Kitchen and a Bathroom, the boundaries of which are in East-Waqf Hazi Husaini's Masjid, West-House of Salim, NorthBuilding of Private Person Dabbu and South-House of Ashfaqul and Gali."

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(Subhash Vidyarthi, J.)

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Order Date :- 23.8.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Balighur Rahman v. Waqf Tribunal, U.P. Lucknow, Thru. Chairman and 6 Others

Case brief

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Balighur Rahman v. Waqf Tribunal, U.P. Lucknow, Thru. Chairman and 6 Others

Case brief

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