SARDAR KHAN vs SYED NAJMUL HASAN (SETH) .

The Supreme Court held that under Section 85 of The Wakf Act, 1995, Civil Courts lack jurisdiction over disputes related to wakf properties, mandating that such matters be referred to the Wakf Tribunal. The Court found that the learned Single Judge of the High Court erred by not considering sub-section (5) of Section 7 of the Act, which is pertinent to the jurisdictional question. Consequently, the Supreme Court set aside the High Court's order and directed adherence to the statutory provisions of the Wakf Act.