- 2020 APEX COURT [36 ]- Jurisdiction of Wakf tribunal applies only to the cases of title disputes that is whether it is a wakf property or not but not for eviction and mesne profits etc., , the wakf board has to file a suit under Punjab Wakf Act. –
In fact, initially the proceedings were initiated by the sole respondent in all the matters, i.e. Haryana Wakf Board, before the Wakf Tribunal seeking eviction, suit for possession, mesne profits and consequential relief of permanent injunction claiming to be owner of the property and declaring the petitioners herein in unauthorized possession of the property. The said reliefs were granted by the Wakf Tribunal by its Order dated 28102015. Feeling aggrieved, the Revision Petitions were filed by the appellants herein and the High Court vide its Order dated 932018 dismissed the same. 4 The appellants herein have challenged the said dismissal of the Revision Petitions and filed these appeals by way of Special Leave Petitions before us.Apex court held in Punjab Wakf Board that This Court has clearly held that in case of disputes relating to title of the Wakf property, the Wakf Tribunal has the jurisdiction to decide the case and as far as the ejectment and recovery of possession are concerned, the respondent has to file a suit before the appropriate forum/court having jurisdiction. In the present case, even though the respondent had wrongly approached the Wakf Tribunal for the reliefs, the order of the Wakf Board has been upheld by the High Court. This in view of the decision in the Punjab Wakf Board (supra) is not correct. In view of the above, we dispose of the appeals upholding the finding that the Wakf Board is the owner of the property as per the notification issued, but hold that so far as the possession and ejectment etc. are concerned, it is open for the Wakf Board to approach the appropriate forum in accordance with law; in terms of the liberty granted above.