Legal Question in Landlord & Tenant Law in India

respected dignitaries,

my question is related with Waqf board. if the tenant is declared as encrocher on waqf board property by the waqf board tribunal u/s 54 , whether the tenant can file a civil suit for declaration as a tenant over waqf property or the jurisdiction of the civil court is barred? please do reply


Asked on 7/03/12, 9:18 am

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Under the Waqf act the tribunal only have jurisdiction to decide whether the property is Waqf property or not and its decision is final under section 6 of that act. However under sec 54 and 55 of the Act the Tribunal has jurisdiction to decide the matter of encroachment which you have already availed and therefore except where the order by tribunal is not according to the act or not according to principles of natural justice, the civil court jurisdiction is barred. You can go to High Court.

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Answered on 7/04/12, 1:07 am


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