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Wakf Act 1995, S.87 - Bar is
only against institution of suit, appeal or
other legal proceedings instituted on behalf
of any wakf - S.87 would not be a bar for
enforcement of its rights.
@page-KLT907#
S.87 of the
Wakf
Act stipulates that no suit, appeal or other
legal proceeding for the enforcement of any
right on behalf of any
wakf
which has not been registered in accordance
with the provisions of this Act, shall be
instituted or commenced or heard, tried or
decided by any Court after the commencement
of the said Act. The bar is only against
institution of suit, appeal or other legal
proceeding instituted on behalf of any
wakf.
Only if the
wakf
is registered under the Act then it can
maintain suit for enforcement of any of its
rights. S.87 would not be a bar for
enforcement of any of its rights. (para.
2)
B.G. Bidan
Chandran & Lissy Devassy
For Petitioner
T. Krishnan
Unni
For Respondents
ORDER
K.S.
Radhakrishnan, J.
The question
that has come up for consideration in this
case is whether lack of registration of
defendant Society with the
Wakf
Board could be set up as a bar in a suit
filed for enforcement of right against the
wakf?
2.
Plaintiffs instituted the suit for permanent
prohibitory injunction against the defendant
Society. Defendant Society raised a
preliminary objection that the suit is not
maintainable since the plaintiffs failed to
produce certificate of registration of the
defendant Society with the
Wakf
Board. The Court below raised the following
issue:
Whether the
Wakf
Board registration of the defendant
wakf
is necessary for the plaintiffs to file and
maintain the suit filed against the
defendant
wakf
and its muthawalli?
The Court
below dismissed the preliminary objection
and held that the suit is maintainable and
the lack of registration cannot be set up
herein as a defence against the plaintiffs.
S.87 of the
Wakf
Act stipulates that no suit, appeal or other
legal proceeding for the enforcement of any
right on behalf of any
wakf
which has not been registered in accordance
with the provisions of this Act, shall be
instituted or commenced or heard, tried or
decided by any Court after the commencement
of the said Act. The bar is only against
institution of suit, appeal or other legal
proceeding instituted on behalf of any
wakf.
Only if the
wakf
is registered under the Act then it can
maintain suit for enforcement of any of its
rights. S.87 would not be a bar for
enforcement of any of its rights. Since
plaintiff in this case has filed the suit
for enforcement of rights against Muneerul
Islam Sangham and its office bearers, lack
of registration was set up by the defendants
to non suit the plaintiff. I am of the
view, such a contention cannot be accepted.
Failure to register with the
Wakf
is not the concern of the plaintiffs. If
such acontention is accepted that will give
room for unregistered
Wakf
to mismanage their affairs and non
registration could be set up as a shield to
wriggle out of their misdeeds.
@page-KLT908#
I am
therefore in agreement with the court below
that lack of registration cannot be set up
as a defence so as to non suit the
plaintiffs. The revision petition is
accordingly dismissed. |
