Partly allowed

Haryana Wakf Board v. Jaswinder Singh and Anr.

Punjab & Haryana HC18 Jan 2012CR/5451/2010

Case brief

AI extract

What is this about?

The High Court allowed a revision petition, holding that while a Wakf Tribunal lacks jurisdiction over injunction suits against co-owners, correctly rejecting the plaint instead remitting it to the competent civil court. The impugned order was modified accordingly.

What did the court decide?

Impugned order of rejection modified; plaint returned to petitioner to be presented in Civil Judge (Senior Division), Kaithal.

Haryana Wakf Board Vs Jaswinder Singh and Anr. — Property and Title | Punjab & Haryana HC (2012)

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Civil Revision No. 5451 of 2010

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No. 5451 of 2010 Date of decision : January 18, 2012

Haryana Wakf Board

....Petitioner

versus

Jaswinder Singh and another

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....Respondents

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Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. Deepak Sabharwal, Advocate, for the petitioner

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Mr. Rajinder Goel, Advocate and Mr. RK Bansal, Advocate, for the respondents

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L.N. Mittal, J. (Oral)

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Plaintiff Haryana Wakf Board has filed this revision petition under section 115 of the Code of Civil Procedure (in short, CPC) to assail order dated 2.3.2010 passed by learned Additional District Judge/Wakf Tribunal, Kaithal thereby rejecting plaint instituted by plaintiff-petitioner against the respondents/defendants.

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The petitioner filed plaint Annexure P/1 seeking permanent injunction restraining the respondents from raising construction on first floor of the suit property which is on lease with the respondents under the petitioner.

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Civil Revision No. 5451 of 2010

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Respondents in their written statement Annexure P/2 admitted that petitioner Wakf Board is owner of the suit property.

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Learned Wakf Tribunal vide impugned order held that the Wakf Tribunal has no jurisdiction to try the suit. Accordingly, Wakf Tribunal rejected the plaint with right to the plaintiff-petitioner to seek appropriate remedy before appropriate court. Feeling aggrieved, plaintiff Wakf Board has filed the instant revision petition.

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I have heard learned counsel for the parties and perused the

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case file.

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Hon'ble Supreme Court in Ramesh Gobindram (dead) through LRs versus Sugra Humayun Mirza Wakf, 2010(2) RCR (Rent) 266 held that Wakf Tribunal has no jurisdiction to adjudicate the suit for injunction. On the other hand, Wakf Tribunal has jurisdiction to decide whether a property is Wakf property or not. In the instant case both the parties have admitted that plaintiff Wakf Board is owner of the suit property. Consequently, there is no dispute in the suit regarding Wakf nature of the suit property. In view thereof, the Wakf Tribunal has rightly held that the Tribunal has no jurisdiction to try the suit.

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However, the Tribunal went wrong in rejecting the plaint on the aforesaid ground. On the other hand, in view of Order 7 Rule 10 CPC, the appropriate course for the Tribunal was to have ordered return of the plaint to the plaintiff for presentation in court of competent jurisdiction. To this extent the impugned order is illegal and suffers from jurisdictional error

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Civil Revision No. 5451 of 2010

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warranting interference by this Court in revisional jurisdiction under section 115 CPC. Accordingly, the instant revision is partly allowed. Impugned order of the Wakf Tribunal is modified to the extent that instead of rejection of the plaint, the plaint is ordered to be returned to the plaintiff – petitioner for presentation in court of competent jurisdiction. Plaintiff – petitioner is directed to appear before Wakf Tribunal on 16.2.2012 to receive back the plaint. Both the parties are directed to appear in the court of Civil Judge (Senior Division), Kaithal on 12.3.2012 where counsel for the petitioner states that the plaint would be presented.

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( L.N. Mittal ) January 18, 2012 Judge 'dalbir'

Haryana Wakf Board v. Jaswinder Singh and Anr.

Case brief

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Haryana Wakf Board v. Jaswinder Singh and Anr.

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