In Brief
Punjab Wakf Board filed two separate suits for possession and injunction in the Wakf Tribunal relating to leased-out wakf properties. The defendants disputed whether the properties were wakf property at all. The High Court, relying on Ramesh Gobindram v. Sugra Humayun Mirza Wakf, held the Tribunal had no jurisdiction and returned the suits to the Civil Court. The Supreme Court partially allowed the appeals. In the first case, it held that when a question arises whether a property is wakf property—as covered by Sections 6(1) and 7(1) of the Wakf Act, 1995—the Tribunal has exclusive jurisdiction and the High Court erred. In the second case involving eviction, it distinguished Ramesh Gobindram and upheld the High Court's order returning the plaint to the Civil Court.
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