Coram K. Kannan J. set aside summary dismissal of two petitions challenging eviction from Wakf properties. Held that suits for injunction do not fall within Wakf Tribunal's jurisdiction; cases should be returned to petitioners to file in civil court.
Papers returned to petitioners for presentation in Civil Court of competent jurisdiction.
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C.R. No.1496 of 2008 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.1496 of 2008 (O&M) Date of Decision.03.10.2011
Sohan Singh son of Tota Singh
.....Petitioner
Versus
Punjab Wakf Board through its Secretary and another.....Respondents
Gurdip Kaur wife of Atma Singh .....Petitioner
Versus
Punjab Wakf Board through its Secretary and another.....Respondents
Present: Mr. Ashok Singla, Advocate for the petitioner.
None for respondents.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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K. KANNAN J.(ORAL)
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C.R. No.1496 of 2008 (O&M)
against the Wakf Board will still be competent only before the normal Court of civil jurisdiction and cannot be instituted before the Wakf Tribunal as has been held recently in Ramesh Gobindram Vs. Humayuri Wakf (2010) 8 SCC 726 . The order passed will have to be modified for a different reason that the Wakf Tribunal itself will not have jurisdiction to entertain such a suit. Even while setting aside the order of dismissal already passed by the Court, I direct the Wakf Tribunal namely the District Court at Faridkot to return the papers to the petitioner for presentation in Civil court of competent jurisdiction.
(K. KANNAN) JUDGE
October 03, 2011 Pankaj*
2 issues framed by the court
Whether a suit for injunction against eviction of tenants from Wakf properties falls within the exclusive jurisdiction of the Wakf Tribunal under the Wakf Act, 1985 or remains competent before the civ
Whether the order of summary dismissal by the Additional District Judge (acting as Tribunal) dismissing the suit must be set aside due to lack of jurisdiction.
Colour shows how this judgement treated each authority
Ramesh Gobindram Vs. Humayuri WakfReferred¶22
Ramesh Gobindram Vs. Humayuri Wakf (2010) 8 SCC 726 · Who else cites this
Sohan Singh
Gurdip Kaur
Punjab Wakf Board
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
