Revenue record -- Wakf property - Merely by deleting the name of petitioner and inserting the name of Wakf Board in revenue record, it cannot be said that property is Wakf property...........
Wakf Act, 1995, Section 83 -- Applicability of S.83 of the Act - Property stands in the name of a private party, which would not make S.83 of the Act applicable requiring petitioner to approach Wakf Tribunal...........
Civil Procedure Code, 1908, Order 7, Rule 11, Wakf Act, 1995, Section 85, 40 -- Rejection of plaint - Bar of Civil Court jurisdiction - Jurisdiction of Civil Court is specifically ousted in determining issue whether a particular property is or is not a Waqf property - Plaint 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...........
Wakf Act, 1995, Section 36 -- Waft property - Registration - Once it is admitted that it was Salafi Trust who got mosque registered as a waqf u/s 36 of the Act and once it is admitted by plaintiffs in their plaint that mosque was constructed in a vacant plot demised by Salafi Trust, it was not open to them to go against statutory prescriptions and claim to be Mutawalli...........
Delhi Rent Control Act, 1958, Section 45, Wakf Act, 1995, Section 83, 85 -- Restoration of electricity supply to property - Admittedly, property in question is a wakf property and is undisputed that petition u/s 45 of the Act was filed in April 2017, after coming into effect amendments carried out in Waqf Act in 2013 - Even if petitioner claims to be a tenant, though such..........
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..........
