AIR 2014 KARNATAKA 53 ::2014 AIR CC 1583 (KAR) ::2014 (2) AIR Kant HCR 257 ::2014 (2) AKR 257 ::(2014) 3 ICC 239 ::(2014) 1 KCCR 575

Karnataka High Court

Hon'ble Judge(s): Aravind Kumar , J

(A) Wakf Act (43 of 1995) , S.85— Karnataka Public Premises (Eviction of Unauthorised Occupants) Act (32 of 1974) , S.2(e)(v), S.5— Wakf property - Eviction of unauthorised occupant - Jurisdiction of Civil Court is barred - Matter of eviction is within purview of Wakf Tribunal. Civil Court's jurisdiction is taken away in respect of any dispute, question or other matters relating to Wakf, wakf property or other matter which is required to be determined by a Tribunal under the Wakf Act. Likewise, Section 2(e)(v) of Public Premises Act brings within its sweep a premises belonging to Wakf registered with the Karnataka State Board of Wakfs within the purview of Wakf Act and said premises will have to be construed as public premises under the Public Premises Act. If it is so construed, eviction proceedings of such occupants to be treated as unauthorized occupants, proceedings will have to be initiated under Section 5 of Public Premises Act. A premises is declared to be 'public premises' in respect of premises belonging to or taken on lease by or on behalf of Wakf registered under the Karnataka State Board of Wakfs. If it is so construed, then, there would be bar of any Court to entertain a suit or proceedings in respect of eviction of such person who is in unauthorized occupation of such public premises or recovery of arrears of rent in view of Section 16 ousting ....