Faseela M v. Mennerul Islam Madarsa Committee and anotherl

8. Ms. Ayesh Siddiqua, Dlo. Late Khadeer Mohammad Khan aged about 54 years, Occ-Household R/o. Premises No. 15-6-75 Afzalgunj, Masjid Hyderabad

9. Ms. Nazima Anjum, D/o. Late Khadeer Mohammad Khan aged about 53 years, 'Occ- Household Fl/o. Premises No. 15-6-75 Atualgunj, Masjid Hyderabad 'l0.Ms. Asima Anjum, D/o. Late Khadeer Mohammad Khan aged about 43 years, Occ- Househ6ld Rr/o. Premises No. 15-6-75 Afzalgunj, Maijid Hyderaba'd

11. Ms. Mariyam Tabassum, D/o.Late Khadeer Mohammad Khan aged about 41 years, Occ- Household R/o; Premises No. 15-6-75 Afzalgunj, Masjid Hyderabad

12. Ms. Minhaj Siddiqua, D/o. Late Khadeer Mohammad Khan aged about 39 years, Occ- Household R/o. Premises No. 15-6-75 Afzalgunj, Masjid Hyderabad

13. Ms. Meraj Siddiqua, D/o. Late Khadeer Mohammad Khan aged about 53 years, Occ- Household R/o. Premises No. 15-6-75 Afzalgunj, Masjid Hyderabad

14.Ms. Siraj Siddiqua, D/o. Late Late Khadeer Mohammad Khan aged about 37 . years, Occ- Household, R/o. Premises No. 15-6-75 Afzalgunj, Masjid Hyderabad ..RESPONDENTS, Defendants Referred Case Under Section 83 (9) of WAQF Act 2013 Under Order 46 Rule 1 R/w. Section 1 13 of CPC praying that it is respectfully submitted that the learned Chief Judge, City Civil Court, Hyderabad has forwarded the letter dt. 0510112018 of the XX Junior Civil Judge, City Civil Court, Hyderabad addressed to the Registrar (Judicial) enclosing the order dt. 05/01/2018 in lA.No. 956 of 2017 in OS.No. 2424 ot 2016 stating that in OS.No. 2424 of 2016 since the subject property is waqf property, the plaintiff filed an application in lA.No. 956 of 2017 seeking reference to the Hon'ble High Court of Judicature at Hyderabad on the point of Civil Court Jurisdiction in respect of the dispute relating to Waqf property, more particularly in a suit for eviction of tenant from Waqf property. Counsel for the Petitioner: Letter Counsel for the Respondent No.1 : ZAINAB KHAN The Court made the following ORDER: ,;) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI IUSTICE P.SAM KOSHY AND HON'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO Between: 1 DATE: 19.11.2025 Letter dated 11.01.2018 No.CCC-HYD/ Aw /82/201/2018 Received ont2.07.201g from the ChiefJudge, City Civit Court, Hyderabad. H'E'H' The Nizam Awqaf Committee, rep.by its secretary, Syed hnran, Office at King Koti, behind JudiMosque, Hyderabad. Mrs. sardar Begum w/o.rateKhadeer Mohammad Khan, r/ o.'t5-6-75, Afzalgunj, Masjid, Hyderabad and 12 others. "" Petitioner/plaintiff . . .. Respondents/ defendants oRDER: (per.Hon'bre sri fustice suddara chatapathi Rao) This Reference Case is placed before this Court by the rearned Registrar (Judicial) of this Court, as forwarded by the rearnerl Chief Judge, ciry civil Court, Hyderabad,, aide letter dated 05.01.201g of the XX Junior Civil Judge, city Civil Court, Hyderabad, addressed to the Registrar (Jr-rdicial), enclosing the order dated 05.01 .Z0lB passed in I.A.No -9s6 of 2or7 in o.s.No .2424 of 2016. i I 2 : \i\ 2- The learned XX Junior Civil Judge has sought the opinion of this Court in respect of the subject property i^ the said underlying suit was admittedly the waqf property, the plaintiff filed an application in I.A.No.956 of 2077 seeking reference to the Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh (now High Court for the State of Telangana) on the point of Civil Court's jurisdiction in respect of the dispute relating to a waqf property, more particularly in a suit for eviction of tenant from waqf property.

3. The suit in o.s.No.2424 of 2076 has been filed by the plaintiff for eviction of tenant over the subject waqf property on the file of XX Junior Civil Judge, City Civil court at Hyderabad and as the subsequent amendment of the wakf Act, 1995 came into amended by virtue of Amendment Act27/20L3, an apptication in I.A.N o.9s6 of 2017 was filed by the petitioner/plaintiff contending that since Civil Court has no jurisdiction to fty any suit pertains to the waqf property even if it is for eviction. As the case involves a question as to the validity and operation of waqf Act, under Section 85 of the waqf Act, the issue that arises for consideration is whether a + ,i 3 competent Civil Court has jurisdicdon to entertain a suit relating to waqf property, or whether the parties are required to approach the Waqf Tribunal constituted under the Act and in this regard, the petitioner/plaintiff has relied upon the following cases and which was forwarded by this Court: 1) Faseela M. v. Mennerul Islam Madarsa Committee and anotherl; 2l Lal Shah Baga Dargah Trust v. Magnum Developers and others2; 3) Ramesh Gobindram (died) through LRs v. Sugra Humanyun Mirza Wakf3;

4. Before examining the jurisdiction of Waqf Tribunal, we deem it appropriate to extract the provisions of Sections 83 and 85 (as amended by Amendment Act 27 of 2073 and Sections 86 to 90, 93, 94(1), 4 to 7,51 and 52 deals with jurisdiction of Waqf Tribunal to recommend any dispute, question, question or other matter relating to a waqf or a waqf property and the scope of matters, in respect of which jurisdiction of Civil Court has not excluded. Section 83 of the Waqf Act, 1995 (as they originally stood before Amendment in 2073) reads as under: ' (zorq) 16 scc 38 ' (zotsl 17 scc 6s ' 1zoro1 8 scc 726 i t : : i I , I I I I Ili 4 \ '83. Constitution of Tribunals, etc._(1) The State Government shall, by notification in the official Gazette, constitute as many Tribunals as it may think fit, for the deterrnination of any dispute, question or other matter relating-to a waqf or waqf property under this Act and define the local limits and jurisdiction ,.,iu, this Act of each of such Tribunals. (2) Any mutawalli person interested in a waqf or any other person aggrieved by an order made under this Act, or Rules made thereunder, may make an application witrrin the time specified in this Act or where no rrth Hme has been specified, within such time as may be prescribed, to the Tribunar for the determination of any dispute, question or other matter relating to the waqf. (3) where any application made under sub-section (1) rerates to any waqf property which fails within the territoriai rimits of the jurisdiction of two or more Tribunals, such apprication may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the .Iuqr actually and- voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other i.iu,.rr,ut or Tribunals having jurisdiction shail not entertain any application for the determination of such dispute, question or other matter: - Provided that the state Goverirment may, if it is of opinion that it is expedient i. the interest of the waqf or any other person interested i. the waqf or the waqf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question oi other matter relating to such waqf or waqf p.op"riy, transfer such application to any other Tribunar having lurisdiction, and, on such transfer, the Tribunal to which thelpplication is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interests of justice to deal with the application afresh. (4) Everv Tribunal shall consist o[- / I I I I , i i I I I I I I 5 (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person/ who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member, and the appointment of every such person may be made either by name or by designation."

5. Section 85 of the said Act, specifically says that no suit or other legal proceeding shalt lie in any civil court in respect of any dispute, question or other matter relating to any waqf., waqf property or other matter which is required by or under this Act to be determined by a Tribunal. Section 88 of the said Act clearly sdfs;tsave as otherwise expressly provided in this Act, no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made there under shall be questioned in any Civil Court and Section 93 specifically deals with, no suit or proceeding in any Court or against the mutawalli of a waqf relating to title to waqf property or the rights of the mutawalli shall be compromised without the sanction of the Board. I I 6 6' In view of the same, it is crear and specific that the words employed in Section 83 are, the State Government shall, by notification in the official cazette, constitute as many as Tribunals and Section 85 deals with Bar of jurisdiction of civil courts. In such a view of matter, a plain reading of sections g3 and g5, it is categorically show that the waqf Tribunar co.stituted under the Act is only empower to deal with the disputes arising out of waqf property and section gg clearly mandates that civil courts have no jurisdiction to entertain or try any suit or proceeding which is concerned wittu relates to, or involves any question pertaining to waqf property.

7. The above aforesaid judgments cited by the rearned XX Junior Civil Judge, City Civil Court, Hyderabad, have been dealt with the Hon'ble supreme Court in Rashid wari Beg v. Farid pindari and othersa and the Hon'ble supreme Court, after eraborate discussion and categorical findings held that the disputes arose out of waqf properties and properties which are disputed to be so, is on account of the misapplication of the two limited questions in section 6(1) and o 1zozz14scc414 / I I r 7 7(1) to the whole of the Act including Section 83 and held that Section 83(1) provides for the determination of any dispute, question or any other matter, (i) relating to a waqf and (ii) relating to a waqf . property. This prescription cannot be taken to have been curtailed or circumscribed by Sections 6(1) and 7(1), to come to the conclusion that the Tribunal will assume jurisdiction only when a property is disputed to be a waqf property and on the other hand, the Hon'ble Supreme Court has categorically held that any dispute arising against the waqf property or dispute in respect of the property to be t \ a waqf shall also be tried and instituted before the Special Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995 (as amended by Amendment Act27 of 2013). / /

8. In such a view of the matter, as the point for reference was made by the learned XX Junior Civil judge, Ciry Civil Court at Hyderabad, as to whether the suit relating to eviction of a tenant relating to a waqf property is exclusively triable by the Civil Court or comes under the execution of jurisdiction of Waqf Tribunal, is answered affirmative stating that the present case in O.S.No.2424 of 201,6 admittedly arises out of a waqf property and the plaintiff 8 1\I seeking eviction of tenant frorn the waqf property comes under the jurisdictio. of the waqf Tribunar constituted under section g3(1) of the waqf Act, 1995 (as amended by Amendment Act 27 of 2013). 9' In the above circumstances, the learned XX Junior Civil Judge, City Civil Court at Hyder abad is directed to return the praint and documents in o.s.No.2424 of 2016 with a proper cndorsement to the plaintiff, for presentation before the jurisdictional waqf Tribunar at Hyderabad. In view of the same, the Reference Case is disposed of accordingly. SD/.K.SRINIVASA RAO JOINT REGISTRAR I //TRUE COPY// SECTION OFFICER One Fair Copy to the Hon'ble Sri Justice P. SAM KOS (For His Lordships Kind Perusal) AND One Fair Copy to the Hon'ble Sri Justice SUDDALA CHALAPATHT RAO (For His Lordships Kind perusal) To

1. The Chairman, Waqf Tribunal at Hyderabad. 2. The XX Junior Civil Judge, City Civil Court, Hyderabad 3. The Chief Judge, City Civil Court, Hyderabad. 4. 11 LR-Copies 5. The Under Secretary, Union of lndia Ministry of law, Justice and Company Affairs, New Delhi

6. The Secretary Telangana Advocates Association, Library, High Court Buildings Hyderabad

7. The Secretary, Syed lmran S/o. Syed Naseerjan, H.E.H.The Nizam Awqaf Committee, Occ- Secretary of Awaqaf Committee, Office at King Koti behind Judi Mosque, Hyderabad

8. One CC to SRl. ZAINAB KHAN, Advocate [OPUC] 9. Two C.D.Copies KUL/PSLY $-- HIGH COURT DATED i18l11l201s Note: L.R. COPY TO BE MARKED RG.No.1 of 2018 DISPOSING OF TIIE R.EFERENCE CASE Q+ \1 \ ?s -' -4t -.'r: 't'. ./,! :.;. /'' t "' -}\ ! ...i:i: Z 0 Brc ,, z M +, L. .r r:1,11'r-t ti