Once Wakf, Always Wakf Doctrine Does Not Disturb Tenancy Rights Established Under Tenancy Act: Bombay HC

The primary legal issue resolved in this judgement was the conflict between the tenancy rights established under the Tenancy Act and the claims of a property being a Wakf property under the Wakf Act.

The case involved a dispute over land in village Harsool, Aurangabad, claimed as Wakf property by the Maharashtra State Board of Wakf, and as tenanted land under the Hyderabad Abolition of Inams and Cash Grants Act, 1954, by the respondents. The Maharashtra State Wakf Tribunal initially ruled in favor of the plaintiff (Pratapsingh Nursing Kakarwal), challenging the inclusion of the land as Wakf property in the Government Gazette.

The Court scrutinized whether the Wakf Board’s jurisdiction overrides the provisions of the Hyderabad Tenancy and Agriculture Lands Act.

The Court examined the validity and implications of the composite Muntakhab and the nature of the disputed property.

It was determined whether the suit was filed within the limitation period and if the order of the CEO adding the land in a Wakf register was legally binding.

The applicability of Section 54 (4) of the Wakf Act 1995 was scrutinized.

The Bombay High Court held that the Wakf Board does not have overriding jurisdiction on tenancy issues decided under the Tenancy Act.

The Court observed that the orders of the Tenancy Tribunal regarding the nature of the land as Madad Maash (a type of grant) should not be disturbed by the Wakf Board.

It was concluded that the petitions challenging the Wakf Board’s decisions were filed within the permissible time limit, thus not time-barred.

The Bombay HC dismissed the revision applications, upholding the rights of the tenants and emphasizing that the doctrine of “Once Wakf, Always Wakf” does not disturb established tenancy rights.

 DATE OF DECISION: 14^TH FEBRUARY 2024

SAYYED MOINUDDIN SAYYED SAIFODDIN AND ANOTHER VS PRATAPSINGH NURSING KAKARWAL