Supreme Court of India
Rajasthan Wakf Board v. Devki Nandan Pathak & Ors.
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What the Court ordered
We are of the view that the Tribunal does · have jurisdiction to decide the question arising in the suit filed by respondent No.6 and, therefore, the Tribunal rightly tried the suit on merits.
Judgment, page 7
From the headnote
Wakf Act, 1995 - ss.51, 52, 83 and 85 - Jurisdiction of Wakf Tribunal - The main question involved in the instant suit was whether the suit land was a Wa!if properzv or not - Plaintiff stated that it was a Wakf property whereas the defendants claimed that it was not the Wa!if property but was their self property - This question could be decided only by the Tribunal and not by the Ci"t! Court - Secondly, once the property is declared to be a Wakf property, a fortiori, whether the sale of such property is made by a person not connected with the affairs of the Wa!if or by a person dealing with
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