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Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not

When the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the civil court, the Supreme Court has held in Rajasthan Wakf Board vs Devki Nandan Pathak.

A bench comprising Justice AM Sapre and Justice RK Agrawal also held that matters falling under Sections 51 and 52 of the Wakf Act are also required to be decided by the tribunal and not by the civil court. The court has now remanded the matter to the high court for deciding the revision afresh on merits.

Article referred: http://www.livelaw.in/wakf-tribunal-can-decide-whether-property-wakf-not-sc/

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