# AKKODE JUMAYATH PALU PARIPALANA COMMITTEE v. P.V. IBRAHIM HAJI AND OTHERS

- **Citation:** [2013] 7 S.C.R. 1033
- **Court:** Supreme Court of India
- **Decided:** 2013-07-23
- **Case number:** Civil Appeal Nos. 6124-6125 of 2013
- **Bench:** K.S. Radhakrishnan, A.K. Sikri
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/akkode-jumayath-palu-paripalana-committee-v-p-v-ibrahim-haji-and-others-29339
- **Pages:** 4

## Headnote

Wakf Act:
A
B
Wakf Tribunal - Jurisdiction of - Suit for perpetual C
injunction restraining the defendants/respondents from
interfering in administration, management and peaceful
possession and enjoyment of Mosque - Held: Dispute is with
regard .to management and peaceful enjoyment of Mosque
and madrassa and assets which relate to Wakf -- Nature of
relief shows that Wakf Tribunal has got jurisdiction to decide
D
the disputes - There is no error in the Wakf Tribunal
entertaining the suit -- High Court committed an error in
holding otherwise - Order passed by High Court is set aside
and the matter remitted to it to consider the revision on merits
- Suit.
E
Ramesh Gobindram (Dead) Through Lrs. v. Sugra
Humayun Mirza Wakf 2010 (10 ) SCR 945 = 2010 (8) SCC
726; Board of Wakf, West Bengal and Another v. Anis Fatma
Begum and Another 2010 (13) SCR 1063 = 2010 (14) SCC
588 · - referred to.
Case Law Reference:
2010 (10) SCR 945
referred to
para 6
2010 (13) SCR 1063
referred to
para 6

## Text

[2013] 7 S.C.R. 1033
AKKODE JUMAYATH PALU PARIPALANA COMMITTEE
v.
P.V. IBRAHIM HAJI AND OTHERS
(Civil Appeal Nos. 6124-6125 of 2013)
JULY 23, 2013
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.]
Wakf Act:
A
B
Wakf Tribunal - Jurisdiction of - Suit for perpetual C
injunction restraining the defendants/respondents from
interfering in administration, management and peaceful
possession and enjoyment of Mosque - Held: Dispute is with
regard .to management and peaceful enjoyment of Mosque
and madrassa and assets which relate to Wakf -- Nature of
relief shows that Wakf Tribunal has got jurisdiction to decide
D
the disputes - There is no error in the Wakf Tribunal
entertaining the suit -- High Court committed an error in
holding otherwise - Order passed by High Court is set aside
and the matter remitted to it to consider the revision on merits
- Suit.
E
Ramesh Gobindram (Dead) Through Lrs. v. Sugra
Humayun Mirza Wakf 2010 (10 ) SCR 945 = 2010 (8) SCC
726; Board of Wakf, West Bengal and Another v. Anis Fatma
Begum and Another 2010 (13) SCR 1063 = 2010 (14) SCC
588 · - referred to.
Case Law Reference:
2010 (10) SCR 945
referred to
para 6
2010 (13) SCR 1063
referred to
para 6
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
6124-6125 of 2013.
From the Judgment and Order dted 10.11.2010 of the
1033
F
G
H
1034
SUPREME COURT REPORTS
[2013] 7 S.C.R.
A High Court of Kerala at Ernakulam in CRP No. 1362 of 2004
and 04.02.2011 in RP No. 87 of 2011.
K. Rajeev for the Appellant.
P.V. Dinesh, Bineesh K., Sunil K. Tripathi, Shantanu for the
8 Respondents.
The order of the Court was delivered by
K.S. RADHAKRISHNAN, J. 1. Leave granted.
2. The question that arises for consideration in this appeal
c is whether the Wakf Tribunal has got jurisdiction to entertain a
suit for injunctiQh restraining the defendants from interfering with
the administration, management and peaceful enjoyment of the
Mosque and ma"drassa run by it and all the assets attached to
the Mosque.
D
3. Appellant, a. society registered under the Societies
Registration Act stated to be formed for the management and
administration of wakf property including a Mosque situated
therein, filed a suit for an injunction before the Court of Munsiff,
Manjeri, which was transferred to the Court of Wakf Tribunal,
E Kozhikode and numbered as O.S. No.53 of 2003. The suit was
contested by the respondents on merits and ultimately it was
decreed by the Wakf Tribunal on 28.09.2004 and the plaintiff
was given a decree for a perpetual injunction restraining the
defendants/respondents and their men from interfering in any
F manner in the administration, management and peaceful and
possession and enjoyment of the Mosque, namely, Akkode
Juyamath Palli, the madrassa run by it and all the assets
attached to the Mosque.
4. The respondents herein filed Civil Revision Petition as
G CRP No.1362 of 2004 under Section 83(9) of the Wakf Act
before the Kerala High Court. The High Court vide its judgment
dated 10.11.2010 set aside the judgment and decree passed
by the Wakf Tribunal holding that a suit for injunction is not
maintainable before a Wakf Tribunal placing reliance on the
H Judgment of this Court in Ramesh Gobindram (Dead) Through
AKKODE Jl,JMAYATH PALU PARIPALANACOMMITTEE v.1035
P.V. IBRAHIM HAJI [K.S. RADHAKRISHNAN, J.]
Lrs. v. Sugra Humayun Mirza Wakf 2010 (8) SCC 726. The
A
Court also granted permission to the appellant to take back the
plaint for presenting before the appropriate court. Later the
appellant preferred a Review Petition which was also
dismissed by the High court on 04.02.2011. The legality of the
orders is under challenge in this appeal.
B
5. We are of the view that the High Court has committed
an error in holding that the reliefs sought for by the appellants
in the suit could not be claimed before the Wakf Tribunal in view
of the Judgment of this Court in Ramesh Gobindram (Dead)
Through Lrs. (supra). In Ramesh Gobindram (Dead) Through
C
Lrs. (supra) the question that arose for consideration before this
Court was whether the Wakf Tribunal constituted under Section
83 of the Wakf Act was competent to entertain and adjudicate
upon disputes regarding eviction of the appellants who were
occupying different items of which were admittedly wakf D
properties. The Wakf Tribunal answered the question of
jurisdiction in affirmative and decreed the suit which was
affirmed by the High Court. This Court, after examining the
various provisions of the Wakf Act and Section 9 of the Code
of Civil Procedure in paras 34 and 35 of the Judgment held as
E
follows:
"34. The crucial question that shall have to be answered
in every case where a plea regarding exclusion of the
jurisdiction of the civil court is raised is whether the Tribunal
is under the Act or the Rules required to deal with the
F
matter sought to be brought before a civil court. If it is not,
the jurisdiction of the civil court is not excluded. But if the
Tribunal is required to decide the matter the jurisdiction of
the civil court would stand excluded.
35. In the cases at hand, the Act does not provide for any
G
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
H
1036
SUPREME COURT REPORTS
[2013) 7 S.C.R.
A
of the tenants from what is admittedly wakf property could,
therefore, be filed only before the civil court and not before
the Tribunal."
6. This Court allowed the appeals and the orders passed
by the Wakf Tribunal were set aside and the suit filed by the
B respondents for eviction of the appellants before the Tribunal
was held not maintainable. The ratio laid down in the abovementioned Judgment later came up for consideration before
this Court in Board of Wakf, West Bengal and Another v. Anis
Fatma Begum and Another 2010 (14) SCC 588 and the
C Judgment in Ramesh Gobindram (Dead) Through Lrs. (supra)
was held distinguishable. That was a case where the dispute
related to the Wakf Estate which was created by registered
deed of Wakf dated 22.09.1936. The question raised was with
regard to the demarcation of the Wakf property, which this Court
D held is a matter which fell under the purview of the Wakf Act.
The judgment of the Calcutta High Court which held otherwise
was set aside and this Court held that the Wakf Tribunal has
jurisdiction to decide those disputes. ·
7. We are of the view that the dispute that arises for
E consideration in this case is with regard to the management
and peaceful enjoyment of the Mosque and madrassa and the
assets which relate to Wakf. Nature of the relief clearly shows
that the Wakf Tribunal has got jurisdiction to decide those
disputes. We, therefore, find no error in the Wakf Tribunal
F entertaining O.S. No.53 of 2003 filed by the appellant and the
High Court has committed an error in holding otherwise.
Consequently the impugned. order passed by the High Court
is set aside and the matter is remitted to the High Court to
consider the revision on merits. The appeals are disposed of
G as above, with no order as to costs.
R.P.
Appeals disposed of.