Allowed

Chiraguddin Khan v. the Rajasthan Board of Muslim Wakf

Rajasthan HC27 Feb 2024CR/20/2008

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition challenging orders returning a plaint for presentation before the Wakf Tribunal. Holding that Section 7(5) of the Wakf Act preserves Civil Court jurisdiction for suits pending prior to the Act's commencement, the Court set aside the lower orders and directed the trial Court to decide the suit.

What did the court decide?

Orders of the trial Court and Appellate Court setting aside the return of plaint are set aside; Trial Court directed to decide the suit within six months.

Chiraguddin Khan Vs the Rajasthan Board of Muslim Wakf — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JP:9678]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 20/2008

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Chiraguddin Khan, (Deceased) And Ors-

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1/1. Salauddin (Since Deceased), Son Of Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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1/2. Jamaluddin (Since Deceased), Son Of Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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1/3. Tazuddin, Son Of Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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1/4. Bushara Khanam, D/o Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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1/5. Munni, Daughter Of Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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1/6. Pinki, Daughter Of Late Shri Chiraguddin Khan, Resident Ramganj Bazar, Opp. Old Police Station, Jaipur.

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Misabauddin Khan Son Of Shri Sirajuddin, Resident Of Ramganj Bazar, Jaipur (Deceased) Through Lrs-

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2/1. Salika Khatoon Wife Of Late Misabhuddin, (Deceased)

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2/2. Mohd. Maslehuddin Khan, Son Of Misabauddin Khan, Resident Of Ramganj Bazar Jaipur.

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2/3. Mohd. Masihuddin Khan, Son Of Misabauddin Khan, Resident Of Ramganj Bazar Jaipur.

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Sabiuddin Khan, (Deceased)

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3/1. Dr. Ishartjahan Wife Of Late Shri Sabiuddin, Resident Of Chokari Ramchandraji, Mohalla Chhetewalan Khurra, Jagannath Shah, Jaipur At Present Opp. Old Ramganj Police Station, Ramganj Bazar, Jaipur.

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3/2. Safiuddin Son Of Late Shri Sabiuddin, Resident Of Chokari Ramchandraji, Mohalla Chhetewalan Khurra, Jagannath Shah, Jaipur At Present Opp. Old Ramganj Police Station, Ramganj Bazar, Jaipur.

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Bahajuddin Son Of Late Shri Sirajuddin Khan, Resident Of Chowkari Ramchandraji, Mohalla Chhetawalan Khurra, Jagannath Shah, Jaipur At Present Opp. Old Ramganj Police Station, Ramganj Bazar, Jaipur.

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Alimuddin Son Of Late Shri Siurajuddin Khan, (Since

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(2 of 5) [CR-20/2008]

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[2024:RJ-JP:9678]

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Deceased) Resident Of Chowkari Ramchandraji, Mohalla Chhetawalan Khurra, Jagannath Shah, Jaipur At Present Opp. Old Ramganj Police Station, Ramganj Bazar, Jaipur. 6. Sagiruddin Son Of Late Shri Sirajuddin Khan (Deceased), Resident Of Chowkari Ramchandraji, Mohalla Chhetawalan Khurra, Jagannath Shah, Jaipur At Present Opp. Old Ramganj Police Station, Ramganj Bazar, Jaipur.

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----Petitioners

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Versus

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The Rajasthan Board Of Muslim Wakf, Jaipur Jaleb Chowk, Chowkari Sarhad, Jaipur.

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Imamuddin S/o Shri Deen Mohammed, (Deceased) Through Lrs-

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2/1. Sirajuddin Son Of Late Imamuddin, Resident Of Kallan Nawabki Haveli, Jagannathsaha Ka Rasta, Ramganj Bazar, Jaipur.

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2/2. Nijamuddin Son Of Late Imamuddin, Resident Of Kallan Nawabki Haveli, Jagannathsaha Ka Rasta, Ramganj Bazar, Jaipur.

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2/3. Alimuddin Son Of Late Imamuddin, Resident Of Kallan Nawabki Haveli, Jagannathsaha Ka Rasta, Ramganj Bazar, Jaipur.

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Mohammed Ibrahim Son Of Shri Hussain Khan, R/o4. Abdul Latif Son Of Shri Abdul Ajeet, Resident Of Mohalla Cheetawalan, Chowkari Ramchandraji, Khurra, Jagannathji Shah, Jaipur.

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Abdul Wahid Son Of Shri Vilayat, Resident Of Mohalla Cheetawalan, Chowkari Ramchandraji, Khurra, Jagannathji Shah, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Rohan Agarwal, Adv. For Respondent(s) : None

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

[2024:RJ-JP:9678]

[CR-20/2008]

(3 of 5)

DATE OF JUDGMENT :: 27/02/2024

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This revision petition has been filed by the petitioners against the order dated 16.05.2006 passed by the Additional District Judge No.6, Jaipur City, Jaipur (for short ‘the Appellate Court’) in Civil Misc. Appeal No. 55/2004 whereby the Appellate Court dismissed the appeal and confirmed the order dated 11.09.2001 passed by the Additional Civil Judge (JD) No.1, Jaipur City, Jaipur (for short ‘the trial Court’) in Civil Suit No. 632/70 whereby the trial Court returned the plaint under Order 7 Rule 10 CPC for its presentation in the Rajasthan Wakf Tribunal.

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Learned counsel for the petitioners submits that the petitioners had filed the suit for permanent injunction in the Court of Munsif in which plaintiff had adduced their evidence and matter was posted for the defendants’ evidence at that time. Learned counsel for the petitioners further submits that respondent No.1 had filed an application under Order 7 Rule 10 CPC. Learned counsel for the petitioners further submits that trial Court vide order dated 11.09.2001 allowed the application filed by the respondent No.1 and returned the plaint of the plaintiffs for its presentation in the Rajasthan Wakf Tribunal. Learned counsel for the petitioners further submits that the petitioners had filed an appeal against the said order and the Appellate Court also dismissed the appeal filed by the petitioners vide order dated 16.05.2006.

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Learned counsel for the petitioners submits that trial Court as well as Appellate Court had committed an error in allowing the application filed by respondent No.1 under Order 7 Rule 10 CPC and Section 85 of the Wakf Act,1995. Learned counsel for the

[2024:RJ-JP:9678]

[CR-20/2008]

(4 of 5)

petitioners further submits that petitioners had filed the civil suit prior to commencement of the Wakf Act, 1995 and as per the Section 7(5) of the Wakf Act, Civil Court is competent to adjudicate the matter. So, the order of the trial Court as well as appellate Court be set aside.

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Learned counsel for the petitioners has placed reliance on the judgment passed by the Hon’ble Apex Court in the case of Bhanwar Lal and Ors. Vs. Rajasthan Board of Muslim Wakf and ors. in civil appeal No. 7902/2013 decided on 09.09.2013 and in the case of Sardar Khan and ors. Vs. Syed Najmul Hasan (Seth) and ors. in civil appeal No. 1107/2007 decided on 28.02.2007.

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None has put in appearance for the respondents.

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I have considered the arguments advanced by learned counsel for the petitioners and perused the impugned orders.

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It is an admitted position that the petitioners had filed the suit for permanent injunction in the year 1971. Wakf Act came to existence in the year 1995. As per Section 7(5) of the Wakf Act, if subject matters are pending before the Civil Court prior to commencement of the Wakf Act, then Civil Court is entitled to adjudicate the matter. So, in my considered opinion, trial Court as well as Appellate Court had committed an error in allowing the application filed by the respondent No.1 under Order 7 Rule 10 CPC and Section 85 of the Rajasthan Wakf Act, 1995. So, order of the trial Court as well as Appellate Court deserve to be set aside.

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The revision petition filed by the petitioners is allowed. The order dated 16.05.2006 passed by the Appellate Court and the order dated 11.09.2001 passed by the trial Court are set aside.

[2024:RJ-JP:9678]

[CR-20/2008]

(5 of 5)

Trial Court is directed to decide the suit filed by the petitioners within six months from the date of receipt of a certified copy of this order in accordance with law.

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(NARENDRA SINGH DHADDHA),J

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Ritu/1

Chiraguddin Khan v. the Rajasthan Board of Muslim Wakf

Case brief

What is this about?

What did the court decide?

Chiraguddin Khan v. the Rajasthan Board of Muslim Wakf

Case brief

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