Madras High Court
Syed Hasan Quddhose Sahib vs M/S.Nagore Dargah on 27 May, 2021
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.05.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P.No.1156 of 2021
and
C.M.P.No.8880 of 2021
Syed Hasan Quddhose Sahib .. Petitioner
Vs..
1.M/S.Nagore Dargah, rep.by its
Adhoc Board of Administrators,
K.Alaudeen, IAS (Retd),
S.F.Akbar District Judge (Retd),
Nagore, Nagapattinam District. .. Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the order dated 29.04.2021 made in
O.S.No.191 of 2021 on the file of District Court, Nagapattinam and further
direct the District Court, Nagapattinam to number the suit and dispose it in
accordance with law.
For Petitioner : Mr.S.Thirumavalavan
1/6
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
ORDER
This Civil Revision Petition has been filed to set aside the order dated
29.04.2021 in Filing No.O.S.No.191 of 2021 on the file of District Court,
Nagapattinam. By the impugned order dated 29.04.2021, the learned Judge
has concluded that the Court has no jurisdiction to entertain the suit. In the
light of the order passed by the Division Bench of this Court in
W.A.No.1640 of 2016. The learned counsel for the petitioner submits that
though the order of the Division Bench of this Court in a batch of cases in
W.A.No.1640 of 2016, were disposed by the Division Bench of this Court
on 08.06.2018, one of the party therein has filed an appeal before the
Hon'ble Supreme Court in SLP.No.39558/2018 and the Hon'ble Supreme
Court has ordered status quo as on date.
2. It is further submitted that the status of the first respondent as
to whether the first respondent comes within the meaning of Wakf Act,
1995 is yet to be determined and to attain finality, in view of the pending
appeal against the order dated 08.06.2018 of the Division Bench.
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
3. I have perused the order dated 30.11.2018 passed by the
Hon'ble Supreme Court. The Hon'ble Supreme Court has merely ordered as
follows:-
“status quo, as of today, shall be maintained by the parties”.
4. As per Section 9 of CPC, the Civil Courts shall try all suits of a
civil nature, except where the cognizance of such suits is either expressly or
impliedly barred. Section 85 of Wakf Act, makes it clear that no suit or
other legal proceeding shall lie in any Civil Court in respect of any dispute,
question or other matter relating to any wakf, wakf property or other matter
which is required by or under the said Act to be determined by a Tribunal.
5. The Hon'ble Supreme Court in Board of Wakf, West Bengal
& Another Vs. Anis Fatma Begum & Another reported in [(2010) 14
SCC 588], the Court was concerned with the inter-se controversy over the
jurisdiction of the Civil Court and the High Court v/s a v/s the powers of the
Wakf Tribunal under the Wakf Act, 1995. Paragraph 7 of the judgment of
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
the Supreme Court reads as under:-
“...In our opinion, all matters pertaining to Wakfs
should be filed in the first instance before the Wakf Tribunal
constituted under Section 83 of the Wakf Act, 1995 and should
not be entertained by the Civil Court or by the High Court
straight away under Article 226 of the Constitution of India.”
6. Thus, it is clear that all dispute relating to wakf or wakf
property, eviction of tenancy or determination of lessee or lessor of such
property under the Act, shall be within the jurisdiction of the aforesaid
Tribunal alone. Therefore, I do not find any error in the order passed by the
lower Court rejecting the request of the petitioner. Therefore, it is open to
the petitioner to approach the Wakf Tribunal under Section 85 of Wakf Act,
1995.
7. With this above observation, the CRP is disposed of. No costs.
Consequently, connected miscellaneous petition is closed. Registry is
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
directed to return the original copy of the plaint to the counsel for the
petitioner before the Wakf Tribunal for proper presentation of the plaint.
27.05.2021
AT
To
The District Court, Nagapattinam.
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
C.SARAVANAN,J.
AT
C.R.P.No.1156 of 2021 and
C.M.P.No.8880 of 2021
27.05.2021
