Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 83 and 85 Wakf Act 1995: ss. 6 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Wakf Act, 1955 (43 of 1995) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Wakf Act, 1995: ss. 6, 7, 83 and 85 – Disputes regarding wakfs properties – Power of tribunal to determine – On facts, suit by Wakf Board before the Wakf tribunal seeking eviction of tenant from property belonging to Wakf Institution – Case of the tenant that suit property not a wakf property and extent of land also disputed – Tribunal held the suit properties to be the property belonging to the Wakf institution and directed the tenant to vacate the suit porperties – High Court set aside the order holding that the suit was not maintainable before the Wakf tribunal – On appeal, held: Judgment passed by the Wakf tribunal was rendered in a suit which was maintainable before the Wakf tribunal and it had the jurisdiction to do so – Tribunal relied upon the evidence available and had arrived at the conclusion that the property in question is Wakf property and had accordingly decreed the suit – Evidence available on record has been analysed in its correct perspective and an appropriate conclusion has been reached by the Wakf tribunal – High Court did not adhere to the norm of limited scope available in a Revision Petition – Further the order by the High Court to hold that the suit was not maintainable before the tribunal not justified and cannot be sustained – Thus, the order passed by the High Court is set aside and the judgment passed by the Wakf Tribunal is restored. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 375 |
Petitioner | Telangana State Wakf Board & Anr. |
Respondent | Mohamed Muzafar |
SCR | [2021] 8 S.C.R. 63 |
Judgement Date | 2021-08-03 |
Case Number | 4522 |
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