Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Muslim Law : Wakf - Wakf property - Comprised of graveyard and tombs - R's father was permitted to construct a house in the graveyard for the purpose of conducting Fateha at the tombs in the compound and to provide the Fakirs who gathered there with hucca tobacco - Permission deed conferred similar rights, and imposed similar obligations, on R's progeny - Held: Such permission created a Wakf of a public nature in the house so constructed - Therefore, R's father and R were in the position of mutawallis and cannot perfect title to the said house by adverse possession. Wakf - Objects of - Directions issued for performing Fateha at graveyard and to use the house permitted to be constructed there for that purpose - Held : Such directions are valid objects of a Wakf. Wakf - Wakf property - Adverse title to - Setting up of - By mutawalli - Held : A mutawalli is prohibited from setting up an adverse title to the Wakf property unlike a stranger - Limitation Act, 1963, Arts. 64 and 65. Wakf - Wakf property - Accretion to - Character of - Wakf property comprised of graveyard and tombs - House constructed in graveyard for religious purposes - Held : Such house became an accretion to the Wakf property and, therefore, bore the same character as the other properties in that compound. Wakf - Wakf property - Comprised of graveyard and tombs - Suit for possession - From donee of deemed trustees - R's father was permitted to construct a house in the graveyard for conducting Fateha in the tombs and for providing hucca tobacco to the Fakirs who gathered there - Subsequently, R's father gifted the house to R - Mutawalli of the graveyard and tombs filed a suit against for possession of the house - Period of limitation - Applicability of - Held, R's father is deemed trustee of the Wakf property and R is a donee and not a transferee for valuable consideration - Hence, no period of limitation is applicable to such a suit - Limitation Act, 1963, S. 10 Expln. Code of Civil Procedure, 1908 : Section 11. Res judicata - Earlier suit - Findings in - Operate as Res judicata - R filed a suit against W for declaration of his right to manage and possess the graveyard and Dargah - Trial court dismissed the suit by holding that the suit property was Wakf property, that the graveyard, Dargah and a house constructed on the suit property were under the management of W and that the house was being use as a musafirkhana - Appeals filed by R were dismissed - Subsequently, W as mutawalli and person-in-charge of the same suit property filed a suit against R for possession - Held: Under these circumstances, findings of trial court in the earlier suit operate as res judicata in the subsequent suit - Hence, in the subsequent suit R cannot be permitted to prove his title to the said house on the basis of the gift deed registered before filing of the earlier suit. Constructive res judicata - Adverse possession - Plea of - Not raised in earlier suit - Held : Such a plea cannot be raised as a defence in subsequent suit since it barred by constructive res judicata. Constitution of India, 1950 : Parties - Supreme court - Power to implead suo motu a new party - Appeal - Arising of - From suit filed by mutawalli to recover possession of Wakf property - Held : Supreme Court, in exercise of its power under Art. 136, can suo moto implead State wakf Board as an appellant, so as to safeguard the interests of the Wakf property. Judgment - interpretation of - Contextual interpretation - Rule of - Trial court in its judgment used the word 'proprietor' for the plaintiff - Plaintiff sought to derive benefit from this word - Held From a reading of the entire paragraph of the trial court's judgment, the word 'proprietor' cannot be divorced from the context to mean that the property in question is the plaintiff's personal property. Words and Phrases : "Proprietor" - Meaning of. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 80 |
Petitioner | Wali Mohammed Khan (dead) By Lrs. |
Respondent | Rahmat Bee And Ors. |
SCR | [1999] 1 S.C.R. 852 |
Judgement Date | 1999-02-23 |
Case Number | 159 |
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