Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Wakf Act, 1995, Section 83 -- Wakf property - Wakf Tribunal has got sufficient jurisdiction to try every suit pertaining to either a wakf or a wakf property, notwithstanding the nature of relief concerned, except as mandated under the statue...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of civil Court - Waqf property - Civil Court has no jurisdiction to try and entertain suit in relation to determination of any dispute regarding waqf and waqf property in view of Ss.83, 85 of Waqf Act...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of Civil Court - Waqf property - Civil suit for permanent and mandatory injunction - Property admitted to be Waqf property - Question as to the nature of Waqf and whether plaintiff is a beneficiary of Waqf also arising in the suit - Held, it is Waqf Tribunal which has jurisdiction to..........
Wakf Act, 1995, Section 6, 7, 83, 85 -- Wakf property - Eviction suit before Wakf Tribunal - Maintainability - Suit for eviction is maintainable before Wakf Tribunal if tenant disputes that suit property is not Wakf property...........
Wakf Act, 1995, Section 6, 7, 83, 85 -- Wakf property - Eviction suit before Wakf Tribunal - Tenant disputed that property in question is not Wakf property - In such circumstance Wakf Tribunal had jurisdiction to determine the issue framed in the suit as to whether suit property is Wakf property or not - Tribunal rightly relied upon evidence on record and had arrived at..........
Wakf Act, 1995, Section 83 -- Suit for permanent injunction - Dismissal of suit on account of lack of jurisdiction - S.83(5) of the Act, provides that Tribunal shall be deemed to be a Civil Court under CPC while trying a suit or executing a decree or order - Dispute is not between Wakf Board and Gram Panchayat with regard to nature of land rather Wakf Board has filed suit..........
Specific Relief Act, 1963, Section 38 -- Injunction suit - Wakf Property - Civil Court has jurisdiction to deal with wakf property - Injunction suit with regard to wakf property held, maintainable...........
Punjab Wakf Act, 1995, Section 107, Limitation Act,1963 -- Wakf property - Applicability of Limitation Act - S.107 of Punjab Wakf Act postulates that nothing contained in Limitation Act would apply to a suit for possession of immovable property comprised in any Wakf or for possession of any interest in such property - Therefore, suit filed by plaintiff could not be said..........
