Revision petition dismissed. Court held that since the suit involved a non-Muslim's interest in wakf property, it was not maintainable before the Wakf Tribunal per Supreme Court precedent. Petitioners directed to approach the Civil Court.
Petitioners permitted to approach the competent Civil Court for redressal of their grievances.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.6154 of 2010 (O&M) Date of decision: 23.9.2010
Sarbans Singh and others
......Petitioner(s)
Versus
Estate Officer, Wakf Board and another
......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mrs. Gurnam Kaur Turka, Advocate for the petitioners.
Rakesh Kumar Garg, J. (Oral)
CM No.24330-CII of 2010
For the reasons mentioned in the application, delay of 37 days in refiling of this petition is condoned.
CM stands disposed of.
CR No.6154 of 2010 (O&M)
The petitioners have challenged the impugned order dated 19.3.2010 passed by the Wakf Tribunal whereby suit for permanent injunction filed by them has been dismissed and the counter claim filed by the respondent-Wakf Board has been decreed.
Hon'ble Supreme Court of India in the case of Gobindram (dead) through LRs v. Sugra Humanyu Mirza Wakf , authoritatively laid down that the right, title or interest of a non Muslim in a wakf property cannot be decided by the Wakf Tribunal and in such cases only the civil Court has the jurisdiction.
CR No.6154 of 2010 (O&M)
-2-
In view of the aforesaid judgment of the Hon'ble Supreme Court, the suit filed by the petitioners itself was not maintainable before the Tribunal. Thus, no interference is warranted in the present revision petition as the impugned order is without any jurisdiction.
The petitioners are at liberty to avail an appropriate remedy before the competent Civil Court with regard to redressal of their grievances in accordance with law.
Disposed of.
September 23, 2010 (RAKESH KUMAR GARG) ps JUDGE
2 issues framed by the court
Whether the revision petition needs to be interfered with when the impugned order of the Wakf Tribunal is without jurisdiction.
Whether a suit involving the right or interest of a non-Muslim in wakf property is maintainable before a Wakf Tribunal.
Colour shows how this judgement treated each authority
Gobindram (dead) through LRs v. Sugra Humanyu Mirza WakfApplied¶17
Gobindram (dead) through LRs v. Sugra Humanyu Mirza Wakf
Sarbans Singh and others
Estate Officer, Wakf Board and another
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rakesh Kumar Garg
Parties & counsel
