{"id":209708,"date":"2019-02-07T22:06:32","date_gmt":"2019-02-07T16:36:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=209708"},"modified":"2019-02-12T11:55:02","modified_gmt":"2019-02-12T06:25:02","slug":"question-as-to-property-being-a-wakf-property-or-not-is-to-be-decided-by-wakf-tribunal-irrespective-of-the-religious-status-of-parties","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/02\/07\/question-as-to-property-being-a-wakf-property-or-not-is-to-be-decided-by-wakf-tribunal-irrespective-of-the-religious-status-of-parties\/","title":{"rendered":"Question as to property being a Wakf property or not is to be decided by Wakf Tribunal irrespective of the religious status of parties"},"content":{"rendered":"

Supreme Court<\/strong>: In an appeal against the order of the Punjab and Haryana High Court where it was held that the Wakf Tribunal has no jurisdiction in a matter where the rights of a non-Muslim are in question and that it is only the Civil Court which had the jurisdiction in the such cases, the bench of Ashok Bhushan and KM Joseph, JJ noticed that:<\/p>\n

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\u201cThe defendant in written statement has pleaded that the suit property is not Wakf property. When issue in the suit is as to whether suit property is Wakf property or not it is covered by specific provision of Sections 6 and 7 of the Wakf Act, 1995, hence, it is required to be decided by the Tribunal under Section 83 and bar under Section 85 shall come into existence with regard to jurisdiction of Civil Court.\u201d<\/p>\n<\/blockquote>\n

Background of the case<\/strong>:<\/p>\n