suit under Section 83(2) of the Wakf Act, 1995 for eviction. The suit was decreed by a judgment dated 21.02.2015. The appellant filed A.S.No.98 of 2016, but the same was dismissed - There is no necessity for the Managing Committee of a Wakf to obtain the prior permission either of the Wakf Board or of the Chief Executive Officer to initiate action for recovery of possession from the tenants. -Section 90 (1) requires the Court or Tribunal, in every case relating to title or possession of Wakf property or the right of a Mutawali or beneficiary, to issue notice to the Board. An obligation was imposed under Section 90(1) upon the Wakf Tribunal or Court. The consequence of non-compliance with the obligation under sub-section (1) is spelt out in sub-section (3). Sub-section (3) merely states that in the absence of a notice under sub-section (1), any decree passed can be declared as void if the Board applies to the Court in this behalf. Sub-section (3) of Section 90 does not confer a right upon the tenant to come up with a plea that if no notice is issued under Section 90(1), the decree becomes void. Therefore, it is not for the appellant to say that the failure to issue notice makes the decree void. It is for the Wakf Board to say that. In any case, the object behind Section 90 is to protect Wakf as well as Wakf property. The object behind the Managing Committee of a Wakf evicting a tenant is also to protect the interest of the Wakf. - Section 54 applies to encroachers. When I made a pointed query to the learned counsel for the appellant as to whether the appellant is an encroacher, the learned counsel had no alternative except to deny the same. Therefore, what applies to an encroacher cannot be invoked by a person, who does not admit to be an encroacher.
suit under Section 83(2) of the Wakf Act, 1995 for eviction. The suit was decreed by a judgment dated 21.02.2015. The appellant filed A.S.No.98 of 2016, but the same was dismissed - There is no necessity for the Managing Committee of a Wakf to obtain the prior permission either of the Wakf Board or of the Chief Executive Officer to initiate action for recovery of possession from the tenants. -Section 90 (1) requires the Court or Tribunal, in every case relating to title or possession of Wakf property or the right of a Mutawali or beneficiary, to issue notice to the Board. An obligation was imposed under Section 90(1) upon the Wakf Tribunal or Court. The consequence of non-compliance with the obligation under sub-section (1) is spelt out in sub-section (3). Sub-section (3) merely states that in the absence of a notice under sub-section (1), any decree passed can be declared as void if the Board applies to the Court in this behalf. Sub-section (3) of Section 90 does not confer a right upon the tenant to come up with a plea that if no notice is issued under Section 90(1), the decree becomes void. Therefore, it is not for the appellant to say that the failure to issue notice makes the decree void. It is for the Wakf Board to say that. In any case, the object behind Section 90 is to protect Wakf as well as Wakf property. The object behind the Managing Committee of a Wakf evicting a tenant is also to protect the interest of the Wakf. - Section 54 applies to encroachers. When I made a pointed query to the learned counsel for the appellant as to whether the appellant is an encroacher, the learned counsel had no alternative except to deny the same. Therefore, what applies to an encroacher cannot be invoked by a person, who does not admit to be an encroacher.