NDLI: Kiran Devi Vs. The Bihar State Sunni Wakf Board & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu joint family property presumption Hindu Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu Law: Hindu joint family property – Presumption of – Held: There can be presumption of Hindu joint family property if the property has been acquired by the male member or if the same has been treated as joint Hindu family – However, no such presumption is attached to a business activity carried out by an individual in a tenanted premise – Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family – Hindu Joint Hindu Family cannot be presumed to be in existence only on the basis of Ration Card and payment of rent unless there is evidence that the funds of joint Hindu Family were invested in the business in the tenanted premises – On facts, High Court held that the payment of rent or the Ration Card proves that the tenant was carrying business as a Joint Hindu Family Business, and also rejected the surrender of tenancy – Facts would show that it was the contract of tenancy which was inherited by the grandfather of the plaintiff who later surrendered it in favour of the Wakf Board – Even if the great grandfather was maintaining the family out of the income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business – Tenancy was an individual right vested with the grandfather of the plaintiff who was competent to surrender it to the landlord – Thus, the order by the High Court that the tenant in the premises was representing a joint Hindu family and that the Karta was not competent to surrender the legacy rights in favour of Wakf Board and consequently the induction of the appellant as a tenant by the Wakf Board was illegal and thus, issuance of direction to dispossess the appellant from the suit premises and to handover the vacant possession to the plaintiff, is not sustainable and set aside, and that of the Wakf Tribunal is restored – Wakf Act, 1995 – ss. 85, 85A, 83(9). A Constitution of India: Arts. 226 and 227 – Writ petition – Petition u/Art. 227 filed against an order of the Wakf Tribunal before the High Court – Petition titled as writ petition – Jurisdiction of High Court – Held: Nomenclature of the title of the petition filed before the High Court is immaterial – It is wholly immaterial that it is titled as a writ petition – Petition styled as one u/Art. 226 would not bar the High Court to exercise jurisdiction under the Act and/or u/ Art. 227 – In certain High Courts, petition u/Art. 227 is titled as writ petition and in certain other High Courts as revision petition or as miscellaneous petition – On facts, keeping in view the nature of the order passed in the light of proviso to sub-section (9) of s. 83 of the Act, the High Court exercised jurisdiction only under the Act, which was restricted to only examine the correctness, legality or propriety of the findings recorded by the Wakf Tribunal – Wakf Act, 1995 – ss. 85, 85A, 83(9).
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2021 INSC 224
Petitioner	Kiran Devi
Respondent	The Bihar State Sunni Wakf Board & Ors.
SCR	[2021] 7 S.C.R. 86
Judgement Date	2021-04-05
Case Number	6149

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Kiran Devi Vs. The Bihar State Sunni Wakf Board & Ors.

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Kiran Devi Vs. The Bihar State Sunni Wakf Board & Ors.

Kiran Devi Vs. The Bihar State Sunni Wakf Board & Ors.

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