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The Supreme Court on Tuesday, hearing the appeal filed by the Andhra Pradesh State Wakf Board challenging the Hyderabad High Court order which stated that the disputed property does not belong to the waqf has set aside the High Court order restoring the Waqf Tribunal order.

The Division Bench of Justice Hemant Gupta and Justice A.S. Bopanna held,

“The Wakf tribunal had the jurisdiction to determine that question which had been framed as an issue in this suit.   Further as already noted, on the facts evolving in the instant case, the tribunal had relied upon the evidence available and had   arrived   at   the   conclusion   that   the   property   in question is Wakf property and had accordingly decreed the suit.”

Earlier, the Waqf tribunal after taking note of the contentions of both the parties and the evidence tendered before it, held that the suit property belongs to the Wakf institution and directed the respondent to vacate the suit schedule properties.

The matter in the present petition arose when one Mohamed Muzafar (Respondent) denied paying rent to the Waqf Board in relation with the property of the Waqf that was initially given on rent to hi father.

The respondent’s contention was that the property does not belong the Waqf as in the official Gazette the area of the Waqf property is listed as 666 sq. yards whereas the area he utilizes comes under the area of 998.66 sq. yards that is now being claimed by the Waqf as his property.

The Waqf Board took the matter before the Waqf Tribunal which was ordered by the Civil Court to adjudicate the same, which decreed against the respondent.

The respondent claiming to be aggrieved by the said   judgment, preferred   a   Revision   Petition   under Section 83 of the Wakf Act before the High Court of Judicature   at   Hyderabad.

The High Court overturned the Waqf tribunal’s order stating that the suit ought not to have been instituted before the Wakf tribunal in view of the judgment rendered by the Supreme Court in the case of Ramesh Gobindram.

The Supreme Court Bench setting aside the High Court has stated that ‘the conclusion reached by the High Court to hold that the suit was not maintainable before the tribunal is also not justified.’

‘Since the gazette notification had been questioned to indicate that  the property which is in the occupation of the respondent was not a part of the notified Wakf property, the same applied both to the suit Schedule ‘A’ as well as Schedule ‘B’ properties. In such circumstance, the Wakf tribunal had the jurisdiction to determine that question which had been framed as an issue in this suit,’ the Bench has concluded.

Case Title: Telangana State Waqf Board v. Mohamed Muzafar