AI Structured Summary
Not yet generated for this judgment
Judgment
Mohan M. Shantana Goudar, J.—The order dated 25.2.2014 passed by the Principal Civil Court, Bhatkal under which it is held that the suit for possession of the encroached land is maintainable and not barred under Section 84 of the Wakf Act is called in question in this writ petition.
The question involved in this case is fully covered by the decision of the Division Bench of this Court in the case of Dr. Mirza Sajjad Hussain Vs. M/s. Bayan Bai Wakf, , wherein it is held that the suit seeking eviction of tenants from the wakf property is to be filed only before the Civil Court and not before the Wakf Tribunal. While coming to the said conclusion, the Division Bench has relied upon the judgment of the Apex Court in the case of Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, , wherein it is observed thus:-
"35. In the cases at hand, the Act does not provide for any proceedings before the Tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and the lessees of such property. A suit seeking eviction of the tenants from what is admittedly wakf property could, therefore, be filed only before the Civil Court and not before the Tribunal."
In view of the same, the Court below is justified in holding that the suit before the Civil Court for eviction of the defendant is maintainable before the Civil Court. Hence, no interference is called for.
Accordingly, petition fails and the same stands dismissed.