ANSARI CHARITABLE TRUST Vs. KERALA WAKF BOARD

JUDGEMENT

(1.) What are the questions, matters or disputes to be adjudicated before the Wakf Tribunal is the main issue arising for consideration in this case. The Writ Petition is filed aggrieved by Ext. P-5 notice issued by the respondent Wakf Board. The respondent directed the petitioner to take steps to register the property covered by Exts. P-1 and P-2 under the Wakf Board. Petitioner took the stand that it is a trust registered under the Indian Trust Act and not a wakf property and hence not liable to be registered under the respondent Board. The objections have been considered in detail and the respondent passed Ext. R-1 (a) order dated 22-11-1999 holding that the property covered by Exts. P-1 and P-2 is wakf property and that it is liable to be registered. Learned Counsel for the petitioner placing reliance on Section 43 of the Wakf Act, 1995 contends that being a trust registered prior to the introduction of Wakf Act, the property is not liable to be registered under the respondent Board. I am afraid the contentions cannot be appreciated. Section 43 of the Act reads as follows:

(2.) The contention of the petitioner is that the property is not wakf property. If that be so Section 43 has no application. Section 43 applies only when the Wakf is registered as a trust prior to the commencement of Wakf Act. Since, there is a deemed registration under the Act as Wakf.

(3.) That apart under Section 40(2) of the Wakf Act, 1995 "the decision of the Board on a question under Sub-section (1) shall, unless revoked or modified by the Tribunal, be final". The decision of the Board under Section 40(1) pertains to the question as to whether the property is wakf or not. Thus in case the petitioner has still any dispute, the remedy open to the petitioner is to get the same adjudicated before the Wakf Tribunal. The question whether a property is wakf or not is certainly to be decided by the Tribunal under Section 83, being a dispute. Section 83 to the extent relevant reads as follows: