KARNATAKA STATE BOARD OF WAKF THROUGH ITS CHIEF EXECUTIVE OFFICER Vs. SYEDA HAMEEDA JAHAN ALIAS SAHEBA 53 YRS AND SYED SHAHA AHMED HUSSAINI PEERAN 65 YRS

JUDGEMENT

(1.) WAKF Board has sought quashing the order of the Wakf Tribunal in OS 27/2009 on 26.2.2011. The Wakf Tribunal is before this Court on the ground that the Sajjada Nasheen and Muthavalliship is by notification and these are e Wakf properties. Heard the counsel for the petitioner. He sought to bring to the notice of this Court the admission by the respondent to the effect that it is a property belonging to the Wakf Board. As such, order of the Wakf Tribunal conferring the right on the respondent is erroneous. In support of his contention, petitioner's counsel has relied upon the decision of the Apex Court in Dr. Jagmittar Sain Bhagar v. Dir. Health Services, Haryana and Ors. (2013) SCCR 868 and he has also relied upon another decision in the case of M.P. Wakf Board Vs. Subhan Shah (D) By LRs. and Others, 2006 (11) SCALE 71 .

(2.) COUNSEL for the respondent has relied upon the decision of the Apex Court in the case of M.P. Wakf Board Vs. Subhan Shah (D) By LRs. and Others, 2006 (11) SCALE 71 to contend that as per S. 9 r/w 83 of the Wakf Act, the Wakf Tribunal has got jurisdiction to entertain the dispute and restrain the defendant from interfering with the administration and enjoyment of the mosque and madarasa.