Akhara Aruri Ustad and Another vs Punjab Wakf Board

A.N. Jindal, J.—This appeal has arisen out of the judgment dated 16.3.2010 passed by the Additional District Judge-cum-Presiding Officer, Wakf Tribunal, Amritsar whereby the suit of the plaintiff for possession was decreed. The suit property is a Wakf property. The plaintiff respondent (hereinafter referred to as "the plaintiff") claimed that the property attached to Takia comprised in Khasra No. 556 area measuring 1150 square yards, was under the tenancy of the petitioners. Since the defendants-petitioners (hereinafter referred to as "the defendants") are bad tenants and are in arrears of rent to the tune of Rs. 33,850/-, therefore, they being in unauthorised possession of the same and are liable to be ejected. The plaintiff also averred that the defendants had also made certain additions and alterations unauthorisedly and illegally.

Notice was issued to the defendants whereupon they appeared and filed written statement raising many preliminary objections. It was admitted that Punjab Wakf Board is the owner of the land measuring 1000 square yards as per notification dated 9.1.1971 mentioned at Serial No. 1001 but the property bearing Khasra No. 556 is measuring 2 Kanals only. The defendant-petitioner has denied if the Board is the owner of the suit property.

However, in the later part of the reply, the defendant has admitted that they had taken 2 Kanals of land from the Wakf Board on tenancy and they wanted to make payment of rent but the Wakf Board refused to accept.

From the pleadings of the parties, the trial court framed the following issues:-

Whether the plaintiff is entitled to recovery of possession of the suit property? OPP

Whether the defendants are in arrears of rent?

If so, to what effect? OPP

1.3, Whether the defendants made any unauthorised addition or alteration? If so to what effect? OPP

Relief

The trial court decreed the suit.

Arguments heard.

The suit property is comprised of Khasra No. 556 measuring 1150 square yards (2K-6M). The plaintiff Wakf Board has been declared as owner of the suit property vide notification Ex. P1. The defendants in their written statement though have denied ownership of the Wakf Board of the land regarding which suit has been filed by the title of the plaintiff, yet the plaintiff Board has led sufficient evidence to establish that the Wakf Board is the owner. The Notifications Ex. P13 and Ex. P16 and corrigendum Ex. P17 prove that the plaintiff is the owner of the entire land. It is also established on record that the defendants have failed to place on record any receipt with regard to payment of the arrears, as alleged by the plaintiff-Wakf Board. Thus, having not made the payment of rent, they are certainly in unauthorised occupation of the suit property.

The main argument raised by the learned counsel for the defendants is that where there is dispute between the landlord and tenant then only, the Civil Court has the jurisdiction to try the same. In this regard, he has placed reliance on the judgment delivered in the case Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, The said judgment was also discussed in the subsequent judgment Board of Wakf, West Bengal Vs. Anis Fatma Begum and Another, wherein it was observed in para 10 of the judgment as under:-

In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted u/s 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India.

Further in para 14 of the judgment, it was observed as under:-

Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words "any dispute, question or other matters relating to a Wakf or Wakf property" are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word ''Wakf'' has been defined in Section 3(r) of the Wakf Act, 1995 and hence once the property is found to be a Wakf property as defined in Section 3(r), then any dispute, question or other matter relating to it should be agitated before the Wakf Tribunal.

It has, therefore, to be held that any dispute which has been raised relating to the Wakf property, the same has to be decided by the Wakf Tribunal as the Wakf Tribunals have been incorporated to decide the dispute between the occupants of the property by way of tenancy or otherwise owned by the Wakf Board. Furthermore, in this case, the defendants have blown hot and cold in the same breath while raising the contradictory plea as at one time, they deny the ownership of the Board and in the next breath, they claim that they are tenants under the Board over another property which would not amount to denial of the tenancy. Therefore, there is no reason to hold that the Wakf Tribunal has no jurisdiction to try the suit

No substantial question of law arises for determination.

Dismissed.