Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf--Nature of-Whether private or publi |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Wakf - Nature of - Whether private or public - Money spent on feeding fakirs and lighting tomb of the Dargah and to do fateah - Portion of income spent for family of Muthavllis - Also the succession is hereditary - In the circumstances, held it is a private wakf.In 1978, SB filed suit for declaration that suit property is not wakf property but is their private property. The trial Court dismissed the suit holding that the suit property was wakf property belonging to the Dargah. First appellate Court upheld the same. During pendency of second appeal being S.No.1104 of 1983, SB died. A petition was filed for appointment of hereditary Muthavllis to Dargah and its properties and the WakfBoard after holding enquiry appointed the respondents as joint Muthavllis recognizing their right to be hereditary trustees. High Court dismissed the second appeal holding that the suit property is Wakf property and not a private trust property. SLP before this Court was also dismissed.Respondent filed suit for declaration that the suit Dargah and its property is private wakf and not public wakf. Trial Court decreed the suit. On appeal, first appellate Court held that suit Darga and its properties do not belong to private wakf. On appeal, High Court restored the judgment of trial Court. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1185 |
Petitioner | Tamil Nadu Wakf Board |
Respondent | Larabsha Darga Panruti |
SCR | [2007] 12 S.C.R. 518 |
Judgement Date | 2007-11-23 |
Case Number | 1559 |
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