- 79. Deposits of decretal amount in Court in certain waqf cases
- 80. Bar to compromise of suits, etc., without sanction of the Administrator
- 81. Notice of suits, etc., to be given to the Administrator
- 82. Administrator may be made a party to a suit or proceeding regarding a waqf on his application
- 83. Administrator may institute suit or proceeding regarding a waqf
- 84. Breach of trust by a beneficiary
- 85. Compensation for acquisition of waqf property to be paid to the Administrator
- 86. Cost in suits or proceedings
CHAPTER IX : JUDICIAL PROCEEDINGS ( Waqfs-1962 )
79. Deposits of decretal amount in Court in certain waqf cases
79. Where a decree for rent or any other relief claimed under or on behalf of a waqf is passed or such decree is executed by any Court, the decretal amount, if any, shall, unless an application for enrolment of the waqf has been made under section 47, be paid into the Court passing or executing the decree, as the case may be, and shall be kept in deposit by the Court until an application for enrolment of the waqf has been made under section 47 or the waqf has been exempted under section 5.
80. Bar to compromise of suits, etc., without sanction of the Administrator
80. No suit, proceeding or appeal by or against a mutawalli as such in any Court shall be compromised without the prior approval of the Administrator and the sanction of the trying Court.
81. Notice of suits, etc., to be given to the Administrator
81. (1) In every suit or proceeding in respect of any waqf property, or of a mutawalli as such, except a suit or proceeding for the recovery of rent by or on behalf of a mutawalli, the Court in which, or the Deputy Commissioner or other authority before whom, such suit or proceeding is instituted, shall issue notice to the Administrator along with a copy of the plaint or application, as the case may be, at the cost of the party instituting such suit or proceeding.
(2) Before any waqf property is notified for sale in execution of a decree or order for the recovery of any dues other than a public demand under the 1[* * *] Public Demands Recovery Act, 1913, notice shall be given to the Administrator by the Court or other authority concerned under whose decree or order the sale is notified.
(3) In the absence of a notice under sub section (1) any decree or order passed in the suit or proceeding shall be declared void irrespective of the description of the property as waqf property or otherwise in such suit or proceeding, if the Administrator, within four months of his coming to know of such suit or proceeding, applies in this behalf to the Court, Deputy Commissioner or other Authority concerned.
(4) In the absence of a notice under sub section (2) the sale shall be declared void, irrespective of the description of the property as waqf property or otherwise in the proceedings for sale, if the Administrator, within four months of his coming to know of the sale, applies in this behalf to the Court or other authority under whose order the sale was held.
82. Administrator may be made a party to a suit or proceeding regarding a waqf on his application
82. In any suit or proceeding in respect of a waqf or any waqf property, whether instituted or preferred before or after the commencement of this Ordinance, the Administrator may intervene and shall, on his application, be added as a party and shall be entitled to conduct or defend such suit or proceeding on behalf of and in the interest of the waqf.
83. Administrator may institute suit or proceeding regarding a waqf
83. If there is no mutawalli or the mutawalli refuses or neglects to act in the matter, within a reasonable time, the Administrator may, in his own name, institute a suit or proceeding in a Court against a stranger to the waqf or any other person-
(a) for the establishment of right, title and interest in a waqf property, or
(b) for confirmation of possession in a waqf property, or
(c) for the recovery of any waqf property wrongfully possessed, alienated or leased, or
(d) for having any waqf property discharged of an encumbrance or obligation wrongfully created, or
(e) for the recovery of any money belonging to waqf, or
(f) for any other relief in the interest of a waqf he may consider necessary.
84. Breach of trust by a beneficiary
84. Where one of several beneficiaries-
(a) joins with the mutawalli in committing a breach of trust, or
(b) knowingly gains any advantage therefrom without the consent of the other beneficiaries, or
(c) becomes aware of a breach of trust committed or intended to be committed and either actually conceals it or does not, within a reasonable time, take proper steps to protect the interest of the other beneficiaries, or
(d) has deceived the mutawalli and thereby induced him to commit a breach of trust,
he shall be liable to compensate the other beneficiaries for any loss caused to them by such breach.
85. Compensation for acquisition of waqf property to be paid to the Administrator
85. Where any waqf property is acquired under the 1[Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)], or any other law for the time being in force, the compensation money payable for such property shall be paid to the Administrator and shall be kept in deposit in the Waqf Fund till it is invested for the purposes stated in sub section (3) of section 74.
86. Cost in suits or proceedings
86. All costs and expenses incurred by the Administrator in connection with any suit or proceedings in respect of any waqf or any waqf property to which the Administrator is a party and all costs decreed against the Administrator by the Court, shall be payable out of the funds of such waqf.