MADANURI SRI RAMA CHANDRA MURTHYversusSYED JALAL

                            [2017] 5 S.C. R. 294


A            MADANURI SRI RAMA CHANDRA MURTHY
                                      v.
                               SYEDJALAL
                       (Civil Appeal No. 5368of2017)
B
                              APRIL 19, 2017
                     [R. K. AGRAWAL AND
                MOHAN M. SHANTANAGOUDAR, JJ.]

c         Code of Civil Procedure, 1908:
         Or. VII, r.11 - Rejection of plaint - Held: The power u/Or. VII,
  r.11 can be exercised by the Court at any stage of the suit - The
  relevant facts which need to be looked into for deciding the
  application are the averments of the plaint only - If on an entire
D and meaningful reading of the plaint, it is found that the suit is
  manifestly vexatious and merit/ess in the sense of not disclosing
  any right to sue, the court should exercise power u/Or. VII r.11 -
  The said power however have to be strictly adhered to -. The
  averments of the plaint have to be read as a whole to find out whether
  the averments disclose a cause of action or whether the suit is barred
E
  by any law.
         Or. VII, r.11 -Averments in the written statement as well as the
  contentions of the defendant are wholly immaterial while considering
  the prayer of the defendant for rejection of the plaint - Even when,
F the a/legations made in the plaint are taken to be correct as a whole
  on their face value, if they show that the suit is barred by any law,
  or do not disclose cause of action, the application for rejection of
  plaint can be entertained and the power u/Or. VII, r.11 can be
  exercised - If clever drafting of the plaint has created the illusion
  of a cause of action, the court will nip it in the bud at the earliest so
G that bogus litigation end at the earlier stage.

           Or. VIL r.11 - Suit for cancellation of sale deed on the ground
    that the suit property was wakf property and that defendants having
    purchased through a private person, sale deed did not convey any

H
                                     294
MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                           295


right, title or interest in favour of defendants - Application by A
defendants including appellant u!Or. 7, r.11 for rejection of plaint -
Wakf Tribunal allowed the application - High Court set aside the
order of Wakf Board - On appeal, held: The Tribunal held that
property in question was not notified in Official Gazette as a Wakf
property, as alleged by the plaintiff - High Court though agreed
                                                                           B
with the finding of fact arrived at by the Tribunal that the property
was not notified as Wakf property in the Official Gazette, raised
some doubt about the non-inclusion/inclusion of the property in the
Survey Commissioners Report and proceeded to set aside the order
of the Tribunal - Therefore, there were concurrent findings of fact
that property in question was not notified in Official Gazette as a c
Wakf property - Under s. 6, anyone aggrieved by such non-inclusion
of the property in the list notified should raise the dispute within a
period of one year from the date of publication of the Gazette
notification - The plaintiff questioned the non-inclusion of the
property in the list and the validity of the list notified in the official
                                                                           D
gazette dated 28.06.1962 after the lapse of about 50 years by filing
the instant suit - Moreover, as per s.27 of 1954 Act (s.40 of 1995
Act), the Board may itself collect information regarding any property
which it has reason to believe to be walifproperty and if any question
arises whether a particular property is wakf property or not the
Board after making such enquiry as it deems fit, decide the question E
- The Board did not exercise jurisdiction u/s.27 of 1954 Act and
s.40 of 1995 Act, though 50 years elapsed from the date of the
gazette notification - The suit is manifestly meritless and vexatious
- So also the suit is barred by law - Wakf Tribunal was right in
allowing application u/Or.VII, r.11 - Wakf Act, 1954 - ss.6 and 27
                                                                           F
    Wakf Act, 1995 - ss.6 and 40.
     Wakf - Similarity and difference between the 1954 Act and
1995 Act - Held: The provisions found in ss. 5 and 6 of Walif Act
1995 and Act of 1954 are almost akin to each other - Howeve1; the
change brought in by the Parliament under 1995 Act is that, in the
                                                                          G
case of dispute regarding Wakfs, the aggrieved party needs to
approach the Wakf Tribunal constituted uls.83 of the Walif Act 1995
and consequently the jurisdiction of the Civil Court is taken away
- The overall view of the provisions contained in Wakf Act, 1954
and Wakf Act 1995 make it evident that even under 1954 Act, as in
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296            SUPREME COURT REPORTS                       [20 I 7) 5 S.C.R.



A     1995 Act, the Survey Commissioners were appointed for the purpose
      of making survey of wakfs in State - The Survey Commissioner is
      duty bound to conduct the survey of wakfs in the State and after
      making such enqui1y, submit his report in respect of Walifs exis_ting
      in the State to the State Government with necessary particulars -
      Copy of the said report would be forwarded by the State to the
 B
      Wakf Board which in turn would examine the report by applying its
      mind and thereafter would publish the notification - Whereas under
      1995 Act, the Wakf Board after examining the report forwards it
      back to Government within a period of 6 months for publication in
      the Official Gazette in the State - Pursuant thereto the State publish
 c    the Gazette notification.
            Allowing the appeal, the Court
         HELD: 1. In order to prima facie satisfy his case as pleaded
   in plaint that the Suit property is a Wakf property, the plaintiff
 D produced certain documents including Gazette Notification dated
   28.06.1962. The averments in the plaint disclose that the property
   bearing Survey No. 113 situated at Pernamitta village was notified
   as Wakf property under Serial No. 966 in the Official Gazette
   published by Andhra Pradesh State Wakf Board on 28.06.1962.
   The property in question is situateil in Pernamitta village, whereas
 E the Gazette which is relied upon shows that the survey no. 113 is
   situated at a different village which is stated to be far away (about
   20 kms.) from village Pernamitta. List of wakf properties
   pertaining to Pernamitta village does not contain the property in
   question. The Tribunal, on facts, thus had concluded that property
 F in question does not find place in the Official Gazette of the Wakf
   Board. The High Court also concurred with the WakfTribunal in
   that regard. Thus, there are concurrent findings of fact that
   property in question was not notified in Official Gazette as a Wakf
   property, as alleged by the plaintiff/respondent. The High Court
   though having agreed with the finding of fact arrived at by the
 G Tribunal that the property was not notified as Wakf property in
   the Official Gazette, raised some doubt about the non-inclusion/
   inclusion of the property in the Survey Commissioner's Report,
   erroneously has proceeded to set aside the order of the Tribunal.
   [Paras 9, 10] [302-C-H)
 H
 MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                     297'



       2. Notification containing the list ofWakf properties relied A
 upon by the plaintiff was published in Gazette as back as on
 28.06.1962 as per the provisions of Section 5 of Wakf Act, 1954
 which is subsequently replaced by the Waqf Act, 1995. A bare
 reading of the provisions contained in 1954 Act and 1995 Act,
 makes it manifestly clear that the provisions, which are relevant
                                                                     B
 for this case are almost para materia with each other. The
 provisions found in Sections 5 and 6 ofWakf Act 1995 and Act of
-1954 are almost akin to each other. However the change brought
 in by the Parliament under 1995 Act is that, in the case of dispute
 regarding Wakfs, the aggrieved party needs to approach the Wakf
 Tribunal constituted under Section 83 of the Wakf Act 1995 and c
 consequently the jurisdiction of the Civil Court is taken away.
 Except this change, no other substantial modification is found in
 those provisions. [Paras 11, 12 and 14) [303-A; 308-G-H; 309-
A, E-F)

       3. The overall view of the provisions contained in Wakf D
Act, 1954 and Wakf Act 1995 make it evident that even under
1954 Act, as in 1995 Act; the Survey Commissioners were
appointed for the purpose of making survey of wakfs in State.
The conducting of survey by the Survey Commissioner and
preparing a report and forwarding the same to the State or the
                                                                     E
Wakf Board precedes the final act of notifying such list in the
official gazette by the State under 1995 Act, (it was by the Board
under 1954 Act). The list would be prepared by the Survey
Commissioner after making due enquiry and after valid survey
as well as after due application of mind. The enquiry
contemplated under sub-section (3) of Section 4 is not merely an F
informal enquiry but a formal enquiry to find out at the grass root
level, as to whether the property is a Wakf Property or not.
Thereafter the Wakf Board will once again examine the list sent
to it with due application of it's mind and only thereafter the same
will be sent to Government for notifying the same in the Gazette.
                                                                     G
Since the list is prepared and published in the official Gazette by
following aforementioned procedure, there is no scope for the
plaintiff to get the matter reopened by generating some sort of
doubt about Survey Commissioner's report. Since the surveyor's
report was required to be considered by the State Government
as well as Wakf Board (as the case may be), prior to finalisation H
298            SUPREME COURT REPORTS                      [2017] 5 S.C.R.



A     of the list of properties to be published in the Official Gazette, it
      was not open for the High Court to conclude that the Surveyor's
      report will have to be reconsidered. On the contrary Surveyor's
      report merges with the Gazette Notification published under
      Section 5 of the Wakf Act. [Paras 16, 17] [310-B, E-H; 311-A]
 B        4. As held by the Tribunal as well as the High Court, the
   property in question does not find place in the Gazette notification
   published under Section 5 of the Wakf Act. In other words, the
   property in question is not notified in the official Gazette as Wakf
   property. If anybody including the Wakf Board or the plaintiff
 C was aggrieved by such non-inclusion of the property in the list
   notified, the aggrieved person should have raised the dispute
   under Section 6 within a period of one year from the date of
   publication of the Gazette notification in the matter. The plaintiff
   has practically questioned the non-inclusion of the property in
   the list and the validity of the list notified in the official gazette
 D dated 28.06.1962 after the lapse of about 50 years, i.e. in the
   year 2013 by filing the present suit. [Para 18] (311-B-C]
            5. As per Section 27 of 1954 Act (Section 40 of 1995 Act),
      the Board may itself collect information regarding any property
      which it has reason to believe to be wakf property and if any
.E    question arises whether a particular property is wakf property or
      not the Board after making such enquiry as it deems fit, decide
      the question. The decision of the Board on any question under
      sub-section (1) of Section 27 of 1954 Act (or under Section 40(1)
      of 1995 Act) shall, unless revoked or modified by the Civil Court,
 F    be final. The effect of Section 27 of 1954 Act or Section 40 of
      1995 Act is that, if any property had been omitted to be included
      in the list of auqaf by inadvertence or otherwise, then it was/is
      for the Wakf Board to take action, as per said provision. In the
      matter on hand, the said provision also will not come to the aid of
      the plaintiff inasmuch as the said sub-section can be employed
 G    only if survey of auqaf was not done before the commencement
      of Wakf (Amendment) Act, 2013. Admittedly in the matter on
      hand, the survey was conducted prior to 1962 and based on such
      Surveyor's report only, the list was prepared and the same was
      submitted to State Government, which in turn, was forwarded to
 H
MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                            299


WakfBoard, the WakfBoard after examining the report published A
the list in the official gazette in the year 1962. Hence, sub-section
(lA) of Section 4 also will be of no avail to the plaintiff. In the
matter on hand, the Tribunal and the High Court, on facts have
held that the property in question is not included in the list
published in the Official Gazette as a wakf property. Such non-
                                                                      8
inclusion was never questioned by any person including the Wakf
Board. The Board has not exercised jurisdiction under Section
27 of 1954 Act and Section 40 of 1995 Act, though 50 years have
elapsed from the date of the gazette notification. Hence, the
averments in the plaint do not disclose the cause of action for
filing the suit. The suit is manifestly meritless and vexatious. So C
also the suit is barred by law. [Paras 19, 21 and 22] [311-D-E;
312-D-H]
      T.N. Wakf Board v. Hathija Ammal 2001 (8) SCC 528:
      [2001] 2 Suppl. SCR 428 - relied on.
                                                                          D
                          Case Law Reference

      [2001] 2 Suppl. SCR 428           relied on          Para 19

     CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5368
of2017.                                                                   E

         From the Judgment and Order dated 07.09.2016 of the High
Court of Judicature at Hyderabad for the State of Telangana & The
State of Andhra Pradesh in Civil Revision Petition No. 2472of2016 ..

        G V. R. Choudary, K. Shivraj Chaudhuri, A. Chandra Sekhar,        F
S. M. Subhani, Advs. for the Appellant.
       Anis Ahmed Khan, Shoaib Ahmad Khan, Mohd. Naved Mian,
Sandeep Garausa, Advs. for the Respondent.

        The Judgment of the Court was delivered by                        G
        MOHAN M. SHANTANAGOUDAR, J. I. Leave granted.
       2. The order dated 07 .09.2016 passed in Civil Revision Petition
No.2472/2016 by the High Court of Judicature at Hyderabad allowing
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300            SUPREME COURT REPORTS                            [2017] 5 S.C. R.



A     the Revision Petition and setting aside the order dated 08.03.2016 on
      I.A.No.458/2015 in OS No.59/2013 passed by the Andhra Pradesh State
      Wakf Tribunal at Hyderabad is called in this Appeal. The brief facts
      leading to th is appeal are as under:

               3. The respondent herein filed suit No.59/2013 before Andhra
B     Pradesh State WakfTribunal at Hyderabad seeking cancellation of the
      sale deed dated 12.1.2013 in respect of the land bearing Survey No.113
      admeasuring 4 acres 72 cents situated at Pernamitta village, Prakasam
      District, State ofAndhra Pradesh. Certain consequential reliefs are also
      sought for. It is the case of plaintiff that Survey Nos.112 and 113 to an
 c    extent of 18 acres 88 cents situated at Pernamitta village were not.ified
      in the Official Gazette ofWakf Board dated 28.6.1962 at serial No.966
      and were also surveyed by the Survey Commissioner appointed under
      the provisions of the Wakf Act. The part of Survey No.113 to an extent
      of 4 acres 72 cents was purchased by the defendant through the sale
      deed dated 12.1.2013 executed by Mr.Alluri Koteshwar Rao (Defendant
 D    No.6) in whose name property was standing. Plaintiff claims to be
      Mutwalli of the Wakf. The sum and substance of the plaintiff's case is
      that the defendant Nos. I to 5 have purchased the suit property from a
      private person though the said property is the Wakf property and therefore
      the sale deed dated 12.1.2013 does not convey any right, title or interest
      in favour of the defendants I to 5.
 E
              4. It is the case of the appellant/defendant No. I that the property
      was and is not a Wakf property inasmuch as it was never notified as a
      Wakf property; though official gazette was published as back as on
      28.6.1962, the property does not find place in the gazette notifying the
 F    same as Wakf property; it is a private property and that he had purchased
      the same through a valid sale deed.

               5. During the pendency of suit, an application was filed by the
      defendant Nos. I to 5 including the appellant herein under Order VII
      Rule 11 of the Code of Civil Procedure, 1908 (hereinafter called as
 G    'CPC') for rejection of plaint. The said application was allowed by the
      WakfTribunal on 8th March, 2016. On revision by the plaintiff, the order
      of rejection of plaint passed by the Wakf Tribunal is set aside by the
      High Court.


 H
MADANURI SRI RAMA CHANDRA MURTHYv. SYED JALAL                                    301
        [MOHAN M. SHANTANAGOUDAR, J.]

       6. Learned counsel for the appellant taking us through the impugned A
judgment of the High Court submitted that this is a fit case wherein the
plaint ought to be rejected at the threshold inasmuch as the plaint does
not disclose any cause of action and the suit is barred by law. The property
in question is not notified in the Gazette as a Wakf Property at any point
of time till this date and hence it is not open for the respondentto file this
                                                                               B
suit on the presumption that the property in question is a Wakf property.
Since the property is not a Wakf property, the Wakf Tribunal has no
jurisdiction to entertain the suit. That though the notification issued
containing the list of certain Wakf properties was gazetted by the Wakf
Board as early as in the year 1962, the High Court is not justified in
raising doubt in the year 2013 about such notification which had been c
remained unchallenged for more than 50 years. It is not open for the
respondent to generate the litigation only to harass the appellant.

          7. Per contra, advocate for the respondent submitted that though
the gazette notification did not contain the property in question as a Wakf
property, the Survey Report disclosed the property in question as a Wakf         D
property and therefore the defect while publishing the Gazette notification
needs to be rectified. He submitted that the High Court is justified in
passing the impugned judgment after verifying the records and therefore,
it is not a fit case for rejecting of plaint at the threshold.

          8. The plaint can be rejected under Order VII Rule 11 if               E
conditions enumerated in the said provision are fulfilled. It is needless to
observe that the power under Order VII Rule 11, CPC can be exercised
by the Court at any stage of the suit. The relevant facts which need to
be looked into for deciding the application are the averments of the plaint
only. If on an entire and meaningful reading of the plaint, it is found that     F
the suit is manifestly vexatious and merit less in the sense of not disclosing
any right to sue, the court should exercise power under Order VII Rule
11, CPC. Since the power conferred on the Court to terminate civil
action at the threshold is drastic, the conditions enumerated under Order
VII Rule 11 ofCPC to the exercise of power ofrejection of plaint have
to be strictly adhered to. The averments of the plaint have to be read as        G
a whole to find out whether the averments disclose a cause of action or
whether the suit is barred by any law. It is needless to observe that the
question as to whether the suit is barred by any law, would always depend
upon the facts and circumstances of each case. The averments in the
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302               SUPREME COURT REPORTS                            (2017] 5 S.C.R.


A       written statement as well as the contentions of the defendant are wholly
        immaterial while considering the prayer of the defendant for rejection of
        the plaint. Even when, the allegations made in the plaint are taken to be
        correct as a whole on their face value, if they show that the suit is
        barred by any law, or do not disclose cause of action, the application for
        rejection of plaint can be entertained and the power under Order VII
B
        Rule 11 of CPC can be exercised. If clever drafting of the plaint has
        created the illusion of a cause of action, the court will nip it in the bud at
        the earliest so that bogus litigation will end at the earlier stage.

             9. In order to prima facie satisfy his case as pleaded in plaint
   that the Suit property is a Wakf property, the plaintiff produced certain
 c documents including Gazette Notification dated 28.06.1962. The
   averments in the plaint disclose that the property bearing Survey No.
   113 situated at Pemamitta village was notified as Wakf property under
   Serial No. 966 in the Official Gazette published by Andhra Pradesh State
   WakfBoard on 28.06.1962. On verification of the Gazette Notification,
 D the WakfTribunal has concluded that under Serial No. 966 (Page No.742)
   the property attached toAshoorkhana situated at Kolachanakota village
   was shown and not the property belonging to Pernamitta village. The
   name of the plaintiff was also not shown as Mutwalli. The property in
   question is situated in Pemamitta village, whereas the Gazette which is
 E relied upon shows that the survey no. 113 is situated at a different vii Iage
   which is stated to be far away (about 20 kms.) from village Pernamitta.
   There is one more Ashoorkhana situated at Pernamitta village which is
   not the subject matter of this litigation. List ofwakf properties pertaining
   to Pernamitta village does not contain the property in question. The
    Tribunal, on facts, thus has concluded that property in question does not
 F find place in the Official Gazette of the Wakf Board. The High Court
    also concurs with the Wakf Tribunal in that regard. Thus, there are
    concurrent findings of fact that property in question was not notified in
    Official Gazette as a Wakf property, as alleged by the plaintiff/respondent.

                10. The High Court though has agreed with the finding of fact
 ('.)   arrived at by the Tribunal that the property was not notified as Wakf
        property in the Official Gazette, raising some doubt about the non-
        inclusion/inclusion ofthe property in the Survey Commissioner's Report,
        erroneously has proceeded to set aside the order of the Tribunal.

 H
MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                           303
        [MOHAN M. SHANTANAGOUDAR, J.]

        11. As mentioned supra, notification containing the list ofWakf A
properties relied upon by the plaintiff was published in Gazette as back
as on 28.06.1962 as per the provisions of Section 5 of Wakf Act, 1954
(hereinafter, in short, called as 1954 Act) which is subsequently replaced
by the Waqf Act, 1995 (hereinafter, in short, called as 1995 Act). Before
proceeding further, it would be beneficial to note the certain relevant
                                                                           B
provisions contained under the 1954 Act as well as 1995 Act for the
purpose of deciding this matter.

      TheWAQFACT,1995                    TheWAKF ACT, 1954 (Old)

      4. Preliminary survey of              4.Preliminary survey of       c
              [a ugaf]. -                          wakfs.-
  (I) The State Government may,          (1) The State Government
  by notification in the Official        may, by notification in the
  Gazette, appoint for the state a       Official Gazette, appoint for
  Survey     Com missioner      of       the          state a [Survey
  [A uqaf]    and      as      many
                                 Commissioner] of Wakfs and·              D
  Additional or Assistant Survey as   many    Additional     or
  Commissioners of [Auqaf] as Assistant                 [Survey
  may be necessary for the Commissioners] of Wakfs as
  purpose of making a survey of may be necessary for the
  [auqaf in the state].          purpose of making. a survey of
  [(IA) Every State Government W akf properties existing in the           E
  shall maintain a list of auqaf State at the date of the
  referred to in sub~section (l) commencement of this Act.
  and the survey of auqafshall be
  compleh:d within a period of
  one year from the date of
  commencement       of the    W akf                                      F
  (Amendment)       Act,    2013,   in
  case such survey was not done
  before the commencement of
  the W akf (Amendment) Act,
  2013:
  Provided that where no Survey
                                                                          G
  Commissioner of Waqf has
  been   appointed    a   Survey
  Commissioner for aquaf ~hall
  be   appointed   within   three
  months from the date of such
  commencement.]
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304            SUPREME COURT REPORTS                           [2017) S S.C.R.


A     (2) All Additional and Assistant    (2)    Al I  Additional     and
      Survey     Commissioners      of    Assistant              [Sur':'ey
      [A uqaf] shall perform their        Commissioners]     of Wakfs
      functions under this Act under      shall perform their functions
      the general supervision and         under this Act under the
      control    of     the     Survey    general supervision and control
B     Commissioner of [A uqaf].           of the [Survey Commissioner]
                                          ofWakfs.

      (3) The Survey Com missioner (3 )The [Survey Com miss ion er]
      shall, after making such inquiiy shall,      after   making · such
      as he may consider necessary, inquiry as he may con sider
c     submit his report, in respect of necessary, submit his report,
      [auqaf] existing at the date of [in respect of Wakfs existing at
      commencement of this Act in· the date of commencement of
      the State or any part thereof, to th is A ct in the State or any part
      the State Government containing lliereot]         ~     llie    s~~

D     the     following     particulars, Government containing the
      namely:-                           following particulars, namely:-

      (a) ............ ..                 (a) ............ ..
      (b) .............. .                (b) .............. .
      (c) .............. .                (c) .............. .
E     (d) .............. .                (d) ............. ..
      (e) ............... and             (e) ............... and
      (f) ............... .               (f) ............... .

      (4) ........................ .      (4) ........................ .
      (5) ...... .                        (5) ... ..
 F
      (6) The State Government may,       (6) The State Government
      by notification in the Official     may, by notification in the
      Gazette, direct the      Survey     Official Gazette, direct the
      Commissioner to make a second       Survey Commissioner to make
      or subsequent survey of [waqf]      a second or subsequent survey
G     properties in the State arid the    of wakf: properties in the State
      provisions of sub-sections (2),     and the provisions of sub·
      (3), (4) and (5) shall apply to     sections (2), (3), (4) and (5)
      such survey as they apply to a      shall apply to such survey as
      survey directed under sub-          they apply to a survey directed
      section (I):                        under sub-section (I):
H
 MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                              305
         [MOHAN M. SHANTANAGOUDAR, J.]

  Provided that no such second or Provided that no such second or            A
  subsequent survey shall be made subsequent survey shall be made
  until the expiry ofa period of[ten until the expiry of a period of
  years] from the date on which the twenty years from the date on
  report     in   relation    to   the which the repo11 in relation to the
  immediately previous survey. was immediately previous survey was
  submitted under sub-section(3):      submitted under sub-section (3).]     B
  [Provided further that the waqf
  properties already notified shall
  not be reviewed again in
  subsequent survey except where
  the status of such property has
  been changed in accordance with                                            c
  the previous of any law.]
  5. Publication of list of (augafJ. - 5. Publication of list ofwakfs.-
  (I) On receipt of a report under (1) On receipt of a report under
  sub-section (3) of section 4, the sub-section (3) of section 4, the
  State Government shall fotward a State Government shall fo1ward a
  copy of the same to the Board.       copy of the same to the Board.
                                                                             D
  (2) The Board shall examine the (2) The Board shall examine the
  report forwarded to it under sub- report fo iwarded to it under sub-
  section (I) and [fotward it back to section (I) and publish; in the
  the Government within a period of Official Gazette, a list of wakfs
. six months for publication in the [[in the State, or as the case may
  Official Gazette] a list of Sunni be, the part of the State, whether
  [auqaf] or Shia [auqat] in the in existence at the commencement            E
  State, whether in existence at the of this Act or coming into
  commencement of this Act or existence thereafter] to which the
  coming into existence thereafter, report relates, and] containing
  to which the report relates, and such particulars as may be
  contll.ining such other particulars prescribed.
  as may be prescribed.                                                      F
   [(3 )The revenue authorities.shall-
  (i) include the list pfauqafreferred
  to in sub-section (2), while
  updating the'land records: and
  ii) take into consideration the list
  of auqaf referred to in sub-section                                        G
  (2), while deciding mutation in the
  Ian d records.]
   [(4) The State Government shall
  maintain · a record of the lists
  published under sub-section 12)
  from time to time.]
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306            SUPREME COURT REPORTS                           [2017] 5 S.C.R.



A     6. Disputes regarding !augaf!.-        6. Disputes rega nli ng wakfs. -

      (I) If any question arises whether     (1) If any question arises
      a particular properly specified a      [whether a particular property
      [waqf] property in the list of         specified as wakf property i'n a
B     [auqaf] is [waqf] properly or not      list of wakfs published under
      or whether a [waqf] specified in       sub-section (2) of Section 5 is
      such list is a Shia [waqf] or Sunni    wakf property or not whether a
      [waqf], the Board or the               wakf specified in such list is a
      mutawalli of the [waqf] of [any        Shia wakf or sunni wakf] the
      person aggrieved] may institute a      Board of the mutawall i of the
c     suit in a Tribunal for the decision    wakf or any person interested
      of the question and the decision of    therein may institute a suit in a
      the Tribunal in respect of such        civil    court    of competent
      matter shall be final:                 jurisdiction for the decision of
      Provided that no such suit shall be    the question and the decision of
      entertai~ed by the Tribunal after      the civil court in respect of such
D
      the expiry of one year from the        matter shall be final:
      date of the publication .of            Provided that no such suit shall
      the list of [auqaf]:                   be entertained by the Civil court
      [Provided further that no suit shall   after the expiry of one year
      be instituted before the Tribunal      from the date of the publicaiion
 E    in respect of such properties          of the list of wakfs under sub-
      notified in a second or subsequent     section (2) of Section 5:
      survey pursuant to the provisions      [Provided further that in the
      contained in sub-section (6) of        case of the list of wakfs relating
      section 4.]                            to any part of the State and
                                             published or purporting to have
 F                                           been published before the
                                             commencement of the Wakf
                                             (Amendment) Act, 1969 (38 of
                                              1969, such suit may be
                                             entertained by the Civil Court
                                             within the period of one year
G
                                             from such commencement.]

      (2) .......                            (2) ........

      (3) ........                           (3) ......... .
H
 ,
MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                                    307
       [MOHAN M. SHANTANAGOUDAR, J.]

 (4) The list of [auqaf] shall, unless it (4) The list of wakfs published         A
is modified in pursuance of a under sub-section (2) of Section 5
decision or the Tribunal under sub- shall, unless it is modified in
section (I), be final and conclusive.     pursuance of a decision of the
                                          Civil Court under sub-section (I),
                                          be final and conclusive.                B

(5) On and from the commencement           (5)     On     and     from      the
of this Act in a State, no suit or other   commencement of the Wakf
legal proceeding shall be instituted or    (Amendment) Act, 1984 in a State,
commenced in a court in that state in      no suit or other legal proceeding      C
relation to any question referred to in    shall be instituted or commenced
sub-section(I).                            in a Civil Court in that State in
                                           relation to any question referred in
                                           sub-section (I).]
7. Power of Tribunal to determine          6-A. Power ofTribunal to
                                                                                  D
disputes regarding Iauqa t]                ddermine disputes reganling
                                           wakfs

(I) If, after the commencement of (I) If, after the commencement of
this Act, [any question or dispute] the Wakf (Amendment) Act, 1984,
arises, whether a particular property any question arises whether a               E
specified as [waqf] property in a list particular property specified ~
of [auqaf] is [waqf] property or not, wakf property in a Iist of wakfS
or whether a [waqf] specified in such published under sub-section (2) of
list is a Shia [waqf] or a Sunni the Section 5 is wakf property or
[waqf], the Board or the mutawalli of not, or whether a wakf specified in         F
the [waqf], or [or any person six:h list is a Shia w.ikfor a Sunni
aggrieved by the publication of the wakf, the Board or the mutawalli
list of auqaf under section 5] therein, of the w.ikf, or any person
may apply to the Tribunal having i ntere;ted therein, may apply to the
jurisdiction in relation to such Tribunal having j urisdi cti on in               G
property, for the decision of the relation to such property, for the
question and the decision of the decision of the question and the
Tribunal thereon shall be final: decision of the Tribunal in respect
Provided that -                         of such matter shall be final:
          .                             Provided that-
                                                                                  H
308            SUPREME COURT REPORTS                              (2017] S S.C.R.
        •

A
       (a) in the case of the list of         (a) in the case of the list of wakfS
       [auqaf] relating to any part of the    relating to any part of the State
       State and published after the          and published or purporting to
       commencement of this Act no            have been published after the
       such    application     shall be       commencement of the Wakf
 B     entertained after the expiry of        (Amendment) Act, 1984, no such
       one year from the date of              application shall be entertained
       publication of the list [auqaf];       after the expiry of one year from
       and                                    the date of pub! ication of the I ist
                                              of wakfs under sub-section (2)
 c                                            and Section 5; and

        (b) in the ease of the list [auqaf]   (b) in the case of the list of wakfS
        relating to any part of the State     relating to any part of the State
        and published at_ any time within     and published or purporting to
 D    , a period of one year immediately      have been published at any time
        preceding the commencement of         within a period of one year
        this Act, such an application may     immediately      preceding       the
        be entertained by Tribunal within     commencement of the Wakf
        the period of one year from such      (Amendment) Act, 1984, such an
 E      commencement:                         application may be entertained
                                              by the Tribunal within the
                                              period of one year from such
                                              com mencem en t:

       Provided further that where any Provided further that where any
 F
       such question has been heard and such question has been heard
       finally decided by a civil court in and finally decided by a civil
       a suit instituted before such court in a suit instituted before
       commencement, the Tribunal such               commencement,     the
       shall not re-open such question.    Tribunal shall not re-open such
 G                                         question.


             12. A bare reading of the afore-quoted provisions (relevant
      provisions for the purpose of this matter) contained in 1954 Act and

 H
 MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                                309
         [MOHAN M. SHANTANAGOUDAR, J.]

 1995 Act, makes it manifestly clear that the provisions, which are relevant   A
 for this case are almost parimateria with each other.
           13. Section 4 of 1954 Act, empowered the State Government to
  appoint a State Commissioner, and as many Additional and Assistant
  Survey Commissioners ofWakfas may be necessary, by a notification
  in the Official Gazette for the purpose of making survey of wakf B
  properties existing within the State. The Survey Commissioner after
  making a survey ofwakfproperties would submit his report to the State
  Government containing various particulars as mentioned in sub-sections
  (3) and (4) of Section 4 of the Act. Section 5 of 1954 Act mandated
  that on receipt of such report from Survey Commissioner made under C
·sub-section (3) of Section 4, the State Govern.ment should forward a
  copy .of the same to the Wakf Board. The Wakf Board would examine
  the report forwarded to it and publish in Official Gazette; the listqf ..
  Wakfs in the State; For resolving the disputes regarding. Wakfs, Section
  6of1954 Act, provided jurisdictional Civil Court as a fonim and decision·
  of Civil Court in respect of such matters should be final. It was also D.
· clarified that no such suit should be entertained by .the Civil Court, after
  the expiry ofone year from the date of publication of the Ust ofWakfs as
  per sub-section (2) ofSection 5. Sub-section (4) of Section 6 stated that
  the list ofWakfs published under sub-section (2) of Section 5 shall be
  final and conclusive unless such list is modified on the direction of the E
  Civil Court.
           14. The provisions found in Sections 5 and 6 of Wakf Act 1995
 and Act of 1954 are almost akin to each other. However the change
 brought in by the Parliament under 1995 Act is that, in the case o~ dispute
 regarding Wakfs, the aggrieved party needs to approach the WakfTribunal F
 constituted under Section 83 of the WaqfAct 1995 and consequently the
 jurisdiction of the Civil Court is taken away. Except the aforesaid change,
 no othenubstantial modification is found in those provisions. Section 7
 of 1995 Act empowers the. Tribunal to determine the disputes, regarding ·
 Auqaf/Wakfs, the particulars ofwhich are specified therein.
                                                                                G
           15. Section 6 and Section 7 ofWaqf Act 1995 bars jurisdiction
 of the Civil Court to try the civil suit in respect of questions specifically
 enumerated under those provisions. Section 85 ofWaqf Act, 1995 further
 clarifies that no suit or other legal proceeding shall lie in any civil court,
 revenue court and any other authority in respect of any dispute, question
                                                                               H
310            SUPREME COURT REPORTS                            [2017] 5 S.C.R.



A     or other matter relating to any wakf, wakf property or other matter
      which is required by or under this Act to be determined by a Tribunal.

               16. The overall view of the aforementioned provisions contained
      in Wakf Act, 1954 and Waqf Act 1995 make it evident that even under
      1954 Act, as in 1995 Act, the Survey Commissioners were apiointed for
 B    the purpose of making survey of wakfs in State. The Survey
      Commissioner was duty bound to conductthe survey of wakfs in the
      State and after making such enquiry, as he might consider necessary,
      would submit his report in respect ofWakfs existing in .the State to the
      State Government with necessary particulars. Copy of the said report
      would be forwarded by the State to the WakfBoard which in turn would
 c    examine the report by applying its mind and thereafter would publish the
      notification. Whereas under 1995 Act, the WakfBoard after examining
      the report forwards it back to Government within a period of 6 months
      for publication in the Official Gazette in the St,ate. Pursuant thereto the
      State will publish the Gazette notification. The revenue authorities will
 D    consequently include the list of Auqaf properties while updating the
      revenue records under sub-section (3) of Section 5of1995 Act.

                17. Thus it is amply clear that the conducting of survey by the
      Survey Commissioner and preparing a report and forwarding the same
      to the State or the Wakf Board precedes the final act of notifying such
 E    list in the official gazette by the State under 1995 Act, (it was by the
      Board under 1954 Act). As mentioned supra, the list would be prepared
      by the Survey Commissioner after making due enquiry and after valid
      survey as well as after due application of mind. The enquiry contemplated
      under sub-section (3) of Section 4 is not merely an informal enquiry but
 p    a formal enquiry to find out at the grass root level, as to whether the
      property is a Wakf Property or not. Thereafter the Wakf Board will
      once again examine the list sent to it with due application ofit's mind and
      only thereafter the same will be sent to Government for notifying the
      same in the Gazette. Since the list is prepared and published in the official
      Gazette by following aforementioned procedure, there is no scope for
 G    the plaintiff to get the matter reopened by generating some sort of doubt
      about Survey Commissioner's report. Since the surveyor's report was
      required to be considered by the State Government as well as Wakf
      Board (as the case may be), prior to finalisation of the list of properties
      to be published in the Official Gazette, it was not open for the High
 H
MADANURI SRI RAMA CHANDRA MURTHY v. SYED JALAL                                 311
        [MOHAN M. SHANTANAGOUOAR, J.]

Court to conclude that the Surveyor's report will have to be reconsidered.     A
On the contrary Surveyor's report merges with the Gazette Notification               \
published under Section 5 of the Wakf Act.

         18.As held by the Tribunal as well as the High Court, the property
in question does not find place in the Gazette notification published under
Section 5 of the Wakf Act. In other words, the property in question is         B
not notified in the official Gazette as Wakf property. If anybody including
the WakfBoard or the plaintiff was aggrieved by such non-inclusion of
the property in the list notified, the aggrieved person should have raised
the dispute under Section 6 within a period of one year from the date of
publication of the Gazette notification in the matter. The plaintiff has       C
practically questioned the non"inclusion of the property in the list and the
validity of the list notified in the official gazette dated 28.06.1962 after
the lapse of about 50 years, i.e. in the year 2013 by filing the present
suit.

         19. As per Section 27of1954 Act (Section 40of1995 Act), the o
Board may itself collect information regarding any property which it has
reason to believe to be wakf property and if any question arises whether
a particular property is wakf property or not the Board after making
such enquiry as it deems fit, decide the question. The decision of the
Board on any question under sub-section ( 1) of Section 27 of 1954 Act
(or under Section 40( 1) of 1995 Act) shall, unless revoked or modified E
by the Civil Court, be final. The effect of Section 27 of 1954 Act or
Section 40 of 1995 Act is that, if any property had been omitted to be
included in the list of auqafby inadvertence or otherwise, then it was/is
for the WakfBoard to take action, as per said provision. In this context,
it is relevant to note the observations by this Court in the case of F
T.N.Wakf Board vs. Hathija Ammal 1 which read thus:

                    "In the event, any property has been omitted by
         inadvertence or otherwise, then it is for the Wakf Board to take
         action as provided under Section 27 of the Act. lfthe WakfBoard
         has reason to believe that a particular property is a wakf property   G
         then it can itself collect information and if any question arises
         whether a particular property is a wakf property or not, it may,
         after making such enquiry as it may deem fit decide the question

1
    (2001) s sec s2s
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312           . SUPREME COURT REPORTS                           [2017] 5 S.C.R.


A           and such decision of the WakfBoard shall be final unless revoked
            or modified by a civil court. Such action has not been taken by the
            WakfBoard in this case."

             20. Sub-sectior:i (IA) of Section 4 is inserted by Act 27 of2013
      w.e.f. 1.11.2013 aitd the same reads thus:
 B
                "(IA) Every State Government shall maintain a list ofauqaf
            referred to in sub-section (!) and the survey of auqaf shall be
            completed within a period of one year from the date of
            commencement of the Wakf (Amendment) Act, 2013, in .case
 C          such survey was not done before the commencement of the Wakf .
          · (Amendment)Act,2013:

                 Provided that where no Survey Commissioner ofWaqfhas
           . been appointed a.Survey Commissioner for auqaf shall be
             appointed within three months from the date of such
 D.          commencement."

          21. In the matter on hand, the said provision !ilso will notcome to
   the aid of the plaintiff inasmuch as the said sub-section can be employed
   only if survey of auqaf was not done before the commencement of
   Wakf(Amendment) Act, 2013. Admittedly in the matter on.hand, the ·
 E survey was conducted prior to 1962 and based on such Surveyor's report
   only, the list was prepared and the same was submitted to State
   Government, which in turn, was forwarded to Wakf Board, the Wakf
   Board after examining the report published the list in the official gazette
   in the year 1962. Hence, sub-section (IA) of Section 4 also will be ofno
 F avail to the plaintiff~

            22. Ih the matter on hand, as mentioned supra, the Tribunal and
     the High Court, on facts have held that the property in question is not
     included in the list published in the Official Gazette as a wakf property.
     Such non-inclusion was nevetquestfoned by any person including the
·G WakfBoard; The Board has not exercised jurisdiction under Section 27
     of 1954 Act and Section 40 of 1995 Act, though 50 years ha"e elapsed
   · from the date of the giiz.ette notification. Hence, in our considered opinion,
     the averments in the plaint do not disclose the caus'e ofilction for filing
     the suit. The suit is manifestly meritless and vexatious. So also the suit is
 H barred by law for the reasons mentioned supra.
MADANURl. SRI RAMA CHANDRA MURTHYv. SYED JALAL                                313
        [MOHAN M. SHANTANAGOUDAR, J.]        .

       23. In view of the above, the Order of the High Court is liable to     A
be set aside. Accordingly, the same stands set aside. Appeal is allowed.
The order of the WakfTribunal is restored. No costs.


Devika Gujral                                               Appeal allowed.