Disposed

Faruk Haji Suleman Khatri v. Madressa-a-Gausiya Talimul Islam Trust and Its Trustee

Gujarat HC24 Feb 2020SCA/4711/2020

Case brief

AI extract

What is this about?

Petitioners challenging jurisdiction of the Tribunal in a tenancy dispute filed during pending civil suits were allowed to raise preliminary objections, including reliance on AIR 2010 SC 2897, with liberty to contest jurisdiction under the Waqf Act. Petitions disposed of.

What did the court decide?

Petitions disposed allowing petitioners to raise preliminary objections regarding Tribunal's jurisdiction and nature of litigation as per Waqf Act, 1995 and Supreme Court judgment.

Faruk Haji Suleman Khatri Vs Madressa-a-Gausiya Talimul… — Landlord and Tenant | Gujarat HC (2020)

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C/SCA/4700/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4700 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4701 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4702 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4703 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4704 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4705 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4706 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4707 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4708 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4709 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4710 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4711 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4712 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4713 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4714 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4715 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4716 of 2020 With

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R/SPECIAL CIVIL APPLICATION NO. 4717 of 2020

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============================================= MEMON ABDUL MAJID HAJI KASAMBHAI

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Versus

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MADRESSA-A-GAUSIYA TALIMUL ISLAM TRUST AND ITS TRUSTEE

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=============================================

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Appearance:

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MR DHARMENDRA PARIKH(2389) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2,3,4,5,6,7,8

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=============================================

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Page 1 of 3

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C/SCA/4700/2020 ORDER

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 24/02/2020

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ORAL ORDER

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Present group of petitions are filed by the tenants who are occupying the premises belonging to one Trust-being Masjid Kabrasthan Trust, which is the owner of the premises and the same was given out on rent to one MADRESSA-A-GAUSIYA TALIMUL ISLAM TRUST– respondent No.1 herein.

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It is the case of the petitioners that the various suits are filed by the petitioners against the respondents- Tenant Trust against each other and are pending at the stage of evidence. Similar Suit is also filed and pending and between the OwnerTrust and the Tenant – Trust. At that stage, only with a view to harass the petitioners who are occupiers as tenants and subject tenant of the Tenant-Trust, directly application is filed before the Tribunal and that to at the stage, when all the suits are pending at the stage of evidence. He relied upon the judgment of the Hon'ble Supreme Court in the case of Ramesh Gobindram (Dead) through L.Rs. v/s. Sugra Humayun Mirza Wakf reported in AIR 2010 SC 2897 to contest that for the purpose of deciding the tenancy, the Tribunal is not having any jurisdiction.

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Considering the aforesaid submissions and considering the fact that application filed by the Tenant-Trust before the Tribunal between the Tenant-Trust and the Owner-Trust, where the petitioners are made party and notice is issued for the petitioners to respond.

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It will be open for the petitioners to raise preliminary objections on the basis of the judgment of the Hon'ble

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Page 2 of 3

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C/SCA/4700/2020 ORDER

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Supreme Court as well as the fact of pending litigation with regard to the same subject matter at an advanced stage before the Civil Court.

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Considering the provision of the Waqf Act, 1995, more particularly Section-83, which provides the jurisdiction to the Tribunal which under Clause-5 provides that the Tribunal shall be deemed to be a Civil Court and shall have the same powers as may be exercised by a Civil Court under the Code of Civil Procedure. It will be open for the petitioners to raise all such contentions.

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With the aforesaid liberty, the petitions are disposed of.

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The Tribunal is to consider the preliminary objections of the petitioners and decide the same on merits before the proceedings any further on the application filed by the Tenant-Trust.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Page 3 of 3

Faruk Haji Suleman Khatri v. Madressa-a-Gausiya Talimul Islam Trust and Its Trustee

Case brief

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Faruk Haji Suleman Khatri v. Madressa-a-Gausiya Talimul Islam Trust and Its Trustee

Case brief

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